'My life has been turned upside down': the sordid details behind the $37 million DJs sex claim

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This was published 13 years ago

'My life has been turned upside down': the sordid details behind the $37 million DJs sex claim

By Bellinda Kontominas and Simon Mann

EVEN before she started work at David Jones, Kristy Fraser-Kirk was warned the mostly female workplace could be quite a ''clique''. But it wasn't the women she needed to worry about.

''I'm a young woman standing here today simply because I said it wasn't OK, because I said that this should never happen to me or to anyone,'' she said yesterday, after her lawyers filed a landmark $37 million legal claim against David Jones and its disgraced former chief executive Mark McInnes.

Mr McInnes resigned in June after admitting ''serious errors of judgment'' and having ''inexcusably let down'' a female staff member, identified subsequently as Ms Fraser-Kirk, a 27-year-old publicity co-ordinator.

But, rather than leaving the matter shrouded, Ms Fraser-Kirk has invited the full glare of legal and public attention, detailing her account of sexual harassment.

It was during a lunch hosted by David Jones in May to celebrate its renewal of a contract with the horse trainer Gai Waterhouse that Ms Fraser-Kirk claims she was first harassed by Mr McInnes.

Mr McInnes allegedly urged her to try a dessert, describing it as like ''a f--- in the mouth'' before placing his hand under her clothing and touching her bra strap.

Ms Fraser-Kirk alleges he also repeatedly asked her back to his Bondi home ''with the clear implication that such a visit would be for the purpose of sexual intercourse,'' the statement of claim said.

He did so on one occasion while lifting her up in a hug, in front of the general manager of David Jones public relations, Anne-Maree Kelly, and Ms Fraser-Kirk's supervisor, Tahli Koch, she alleges.

During the second occasion at a function for La Prairie cosmetics at Tivoli Villa, a luxurious Rose Bay home, Mr McInnes allegedly twice tried to kiss her on the mouth before placing his hand on her stomach and on the bottom of her bra.

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On both occasions Ms Fraser-Kirk claims she made it clear his advances were unwanted.

The following day she alleges he phoned her to meet him for dinner or a drink before saying, ''I could have had guaranteed sex with that brunette last night [at the party] but I wanted you.''

Mr McInnes's whereabouts are unknown but he is rumoured to have sought treatment in the Meadows drug and rehabilitation clinic, in Wickenburg, a small town about 100 kilometres north-west of Phoenix, Arizona.

The clinic treats various forms of substance abuse as well as compulsive disorders such as gambling and sex addiction. Tiger Woods is believed to have checked himself in for sex rehab this year. Others clients are said to include supermodels Elle Macpherson and Kate Moss, as well as actors Michael Douglas and Drew Barrymore.

Nursing staff yesterday declined to confirm whether Mr McInnes was at the clinic when asked by the Herald.

Mr McInnes had also been involved in sexual misconduct towards other female employees to which the company had turned a blind eye, Ms Fraser-Kirk alleges.

One incident occurred at the Caulfield Cup in Melbourne in October 2009 when he allegedly pulled the woman into a ''lingering hug'' and kissed her on her neck. In April he allegedly asked the same woman at a racing event to touch his trouser pocket,

saying, ''It's quite hard down there'', before inviting her home.

Mr McInnes allegedly sent text messages to another woman, telling her she looked ''absolutely amazing today. You looked so hot. This is for your eyes only. Delete this message as soon as you've received it''.

Another woman who disclosed Mr McInnes's alleged harassment of other female staff was told that was standard conduct by him.

The statement of claim also alleges that Ms Kelly had to deal with another woman's mother over allegations Mr McInnes sexually harassed her.

Ms Fraser-Kirk claims when she had complained to Ms Kelly about the first of Mr McInnes's alleged advances she was allegedly told: ''Next time that happens, you just need to be very clear and say, 'No, Mark' and he'll back off.''

The $37 million lawsuit against David Jones and Mr McInnes lodged in the Federal Court claims a culture of sexual harassment existed within the company and that it knew of at least three other incidents before Mr McInnes's resignation in which he had made unwanted sexual advances towards female employees.

As part of the claim Ms Fraser-Kirk is seeking punitive damages of $35 million from David Jones, or 5 per cent of its profits while Mr McInnes was chief executive. She is also seeking 5 per cent of Mr McInnes's salary and benefits as chief executive between 2003 and 2010, estimated at $2 million.

If she wins, it is believed it would be the first time punitive damages would be awarded for sexual harassment in an Australian workplace. Ms Fraser- Kirk has said she would give that money to a charity that supports victims of sexual harassment and bullying.

David Jones is yet to file a defence but said in a statement yesterday that it would vigorously defend the claims.

Before he was appointed chief executive, Mr McInnes had allegedly been reported to his superior for ''his bullying aggression'', Ms Fraser-Kirk alleges. This ''bullying approach'' was adopted by certain members of his management team and had led to a reluctance by staff to raise concerns about their conduct.

Following her complaints to management about the La Prairie party Ms Fraser-Kirk was allegedly told by Ms Kelly and Damian Eales, the group general manager of financial services and marketing, to go home. A meeting was then arranged for her and Mr McInnes to attend.

That night Mr McInnes allegedly sent her a text message: ''I want you to have a fantastic career at David Jones.'' But Ms Fraser-Kirk contacted her lawyer and the meeting did not happen.

Yesterday Ms Fraser-Kirk said she had been forced to walk away from a career that she loved and a company she believed in due to the alleged sexual harassment.

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''I believed I could have gone far if my career had been able to continue,'' she said, flanked by her parents, Alex and Sally, and her boyfriend, Chris Drew.

''Put simply, my whole life has now been turned upside down.''

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