Kristy Fraser-Kirk will not control any charity established as a result of her $37 million sexual misconduct suit against David Jones and its former chief executive Mark McInnes.
Anthony McClellan, speaking for the former DJs publicist, confirmed to Crikey any payout will be directed to a new charitable organisation for sexual harassment and workplace bullying victims, or donated to an existing organisation working in the area depending on the amount — or both.
McClellan is keen to counter claims of greed by his client while repairing an image he says could be damaged by the ordeal.
“We needed everyone to understand that all the punitive damages would go to a charity,” McClellan told Crikey, “[in order to] counter any negative perception that Kristy was seeking more than she rightfully deserved.”
Fraser-Kirk sent shockwaves through Australia’s business community on Monday when she filed her claim against the retail giant and its former chief executive David McInnes, detailing allegations of repeated unwanted kisses, touching and text messages.
As well as breach of contract, Fraser-Kirk is seeking punitive damages that amount to 5% of David Jones’ profits for the seven years McInnes was chief executive plus 5% of McInnes’ salary during that period – amounting to a total of $37 million dollars.
“Only by having a large financial penalty will a company realise that, not only is it the right thing for them to do, but that it is in their vital commercial interests to be proactive and prevent such behaviour,” McClellan told Crikey.
McClellan confirmed that “100%” of any damages won would go to a charity nominated by Fraser-Kirk and that she would not be involved to ensure “transparency” and “integrity”.
“It is very early stages but the charity will not in any way be controlled or financially connected with Kristy or her family,” McClellan said. “This is not about Kristy, it’s about all women and men who face a similar situation.”
McClellan also said that, should the case be settled out of court, he would hope that David Jones would be “as keen for transparency as us” in regards to the punitive damages going to charity.
Fraser-Kirk also announced she would be setting up a help line (1300 422 009) for any other David Jones employees concerned with inappropriate behaviour – a service which McClellan said was already operational.
“It is appropriate that all the punitive damages, if awarded by the court, be used in a socially responsible way to make real reform,” McClellan said. “One way of achieving that is for all the punitive damages to go to a third-party specialist charity.”
David Jones has issued a statement saying both it and its directors will vigorously defend themselves against the suit. Meanwhile, experts have already cast doubt on the size of the claim, noting the largest ever case for sexual harassment was awarded last year for $466,000.
CORRECTION: An original version of this story implied the charity to benefit from any payout does not exist. Crikey is happy to clarify that legal documents in the case state any dividend could be donated to an existing charity or be used to establish a new organisation. Crikey apologies for the misunderstanding.
Come on Crikey – “David” McInnes? Did he have to change his name to escape opprobrium?
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There are existing organisations that support women who are victims of abuse. Just because they’re not specifically for victims of sexual harassment in the workforce is a minor issue. There’s White Ribbon; Rape Crisis Centres(goodness knows, in my area there’s a drastic need for more emergency accommodation for women and their children)and other Women’s Refuges in every State and Territory in the country. There’s also a great need for Psychologists to provide counselling for women victims of violence. Again, in my area, there’s a waiting list!
I’m glad that Kristy is going to set up a help line for her colleagues who could be in the same position! Good on her! Well done Kristy!
If she wins $35 million and does set up a charity to work in the area of sexual harassment and workplace bullying, it will be too large a sum to control wisely. Such a charity will find ways to mis-spend its balance sheet and the income produced by its investments. It will become a self-serving, bureaucratic, ever-growing monster with too much money and not enough real work to do with it. This wouldn’t be the first time a charity grew too big and lost touch with its core mission. The best charities are lean and their staff work as volunteers because they believe in their cause.
What a pathetic case. Does this woman really think she experienced $37 million worth of suffering? It’s celebrity cases like this that make a mockery of the harassment millions of women go through every day. His immediate firing saw justice done, and she should put it behind her and get on with her life, instead of trying to milk all she can from it.
@JOHN – I suggest that you read this report re Sexual Harassment!
http://www.hreoc.gov.au/sexualharassment/index.htm
As I’ve already pointed out, there is a grave shortage of accommodation for women and kids who are fleeing violence. There’s also a need for Psychologists and other counsellors in Women’s Centres and/or Womens Health Centres. There is a great need in the community. All forms of abuse and harassment are not diminishing – other crimes of violence are, such as robbery etc. This money would be able to be spent in a productive and vital manner – this could include investments for ongoing funding and employment purposes. I’m involved with a Women’s Health Centre, and I can assure you, that funding is always an issue, and more is always needed!
@ANDREA – What is pathetic is women who belittle and demean other women who have or are suffering from this type of crime. It IS a crime! I’m 65 and had hoped that this type of abuse would be so rare as to shock me just by its existence. Not so! The amount is for punitive damages – that means, punishment! Unless and until men like this get the message, it will keep on happening.
This is 2010 – I was born in 1945 What part haven’t men been able to grasp in 65 years? Enough! He was not a young man in a junior position and not ‘worldly’? he’s a middle aged man in his 40’s, in receipt of millions per year; with a responsibility to provide a safe working environment for his employees. He abused that position, not only by not ensuring her safety, but he committed the ultimate crime of his own betrayal. he still hasn’t got it! Only a few minutes ago he’s still referring to his behaviour/s as “mistakes”? How obscene! What part of “NO” couldn’t he comprehend? He was her boss – an unequal relationship!
I have had a gutful of women being the brunt of abuse, of violence, both physical, sexual, emotional and financial. I’m sick to death of their perceived position of domination, and how to use this power over others who can not or are too intimidated, frightened etc to fight back. I have a 17 yr old grand daughter, I have two equally beautiful younger grand daughters. I’m sick of this attitude that is still doing damage, and want a better world, a safer world for them. I also want my grandsons to know, that there are decent men in the world, and this type of behaviour is repugnant to them also. That is how I raised my sons – that women are not ‘sexual things’ for their use and abuse; that being male is no excuse for disgraceful and uninvited sexual involvement!
Finally, I’m sick to death of being branded a ‘man hater’ because I reject the assault/harassment of women going about their business. Whether it’s in the home, on the street or in the workplace, this type of thuggish behaviour is not on. If Kristy was my daughter, I’d be standing beside her too! It’s not about the money – it’s about sending the message, once and for all – I hope! Men should be punished for breaking these laws! Simple!