If there are, I’m finding it hard to see them. There was a huge response here when I posted about Kristy Fraser-Kirk’s sexual harrassment claim against David Jones and former CEO Mark McInnes for $37m. As I pointed out then and will reiterate now, it is a fraught subject for me because one of the individuals is a family friend. So I am going to sit this one out.
News Ltd journalists Jonathon Moran and Claire Harvey report:
.SHE sued David Jones for $37 million, but Kristy Fraser-Kirk will walk away from Australia’s biggest sexual-harassment case without a job at the department store and legal costs as high as $300,000.
The 27-year-old publicist will sacrifice a chunk of her $850,000 settlement to her legal team, publicist and three barristers, after agreeing to pay her own court costs in the settlement with David Jones and its former chief executive Mark McInnes, 45.
That includes paying for a top-class legal team at Harmers Workplace Lawyers, barristers Michael Lee, Rachel Francois and Ian Barker, QC and expert witnesses, psychologists’ reports and trips to Europe and the US to escape media scrutiny.
Both David Jones and Ms Fraser-Kirk’s PR teams said yesterday the settlement was a win for their side. But neither emerged as winners.
Sources close to Ms Fraser-Kirk said the $850,000 payout – of which she is likely to take home about $500,000 – was sizeable for a junior employee earning less than $70,000 a year.
Kristy Fraser KirkMs Fraser-Kirk said:
“I could not have done this without the support and guidance from those in my life that matter most, to my partner, parents, family and friends, thank you and to my unwavering legal team, a special thanks. Also, to those members of the public who have supported me, thank you,” she said in the statement.
“This has been a difficult journey but one that I felt was important.
“The case has lead to real debate taking place which I am confident will lead to change. That is part of what the punitive damages claim was intended to achieve, and it has.
“I had asked the Court to award punitive damages, which was to go to charity, but as the Court will no longer be determining the case that’s no longer possible. I look forward, however, to participating in charitable work in the future.
“Thank you again for all your support. As the settlement is subject to confidentiality, I am not in a position to say anymore.”
“I welcome today’s settlement. It brings to an end a difficult time in many peoples’ lives and hopefully it marks the moment that everyone can begin focusing on the future,” he said in the statement.
“I have repeatedly said that the vast majority of the allegations are simply untrue and the nature of the court proceedings was an abuse of legal process.
“Personally I am looking forward to a new chapter in my family life and a resumption of my career in 2011. I would particularly like to thank my partner Lisa, my family and many friends for all their love and support.
“The settlement contains confidentiality obligations so I will not be making any further comment on these matters.”
Do you think this settlement is a good thing for Kristy? For David Jones? For Mark McInnes? Do you think this high profile case has been a good or bad thing for other women who may have experiences sexual harassment at work?
Top Comments
I'm going to have to do this, but anyone who thinks that this woman has done anywhere close to the "right" thing is sadly deluded. Stop making comments about who was right or wrong in regards to the sexual harrassment claim, and start paying attention to the fact that this sad excuse for a human being has put a monetary value on the matter. It is absolutely, 100% evident to those of us with uncluttered minds that this woman was simply after money, not Justice. Unless monetary damages were done, then the two have absolutely ZERO correlation.
That is the long and short of it, and I'm glad our legal system recognised that this is the truth. The settlement simply shows that David Jones also had expensive lawyers, they were going to win the case, and they preferred to give away a bit of petty cash instead of incurring further legal expenses. The acceptance of such an amount night on proves this to be true.
This woman.
Sadly deluded.
Sad excuse for a human being.
100% evident.
Not so sure what this means though... "The acceptance of such an amount night on proves this to be true."
yos
Your pretense at being unable to recognize and figure out typos just comes across as childish.
If it is genuine inability and you are not a child, then I suggest you seek help.
All parties involved (McInnes, DJ’s) admitted he behaved entirely inappropriately. Mr McInnes did deserve to lose his job, his reputation, he probably deserves to lose his partner too but if she chooses to stand by a sleaze like that she’s got her own issues.
Good on KFK for securing something for her future. It’s not that much.
Last year, following two years of sexual harassment and assault by my director – the director of a private firm, operating in a sector greatly affected by the GFC – I resigned following him raping my colleague. This is obviously a criminal case as far as my colleague is concerned, but for me I had to weigh up whether it was worth going through the court process, and the personal attacks that would have been inflicted on me. The lawyers were very clear that his lawyers would tear shreds off me, portray me as the slut who encouraged him. I was advised that if I wanted to recover emotionally and mentally as quickly as possible, I would be best to avoid the court system and seek remedies through Fair Work Australia. I received 3 months pay and a signed a confidentiality document agreeing I would not ‘disparage the director’. The reality of this clause has been that when potential new employers ask me why I left my job, I cannot say.
Reliving the assaults, blaming myself for the rape, losing my job, has torn apart my life. The depression I went through devastated my (now ex) partner. As the industry I was in was greatly affected by the downtown in the economy I have still not been able to return to a ‘career’ position. I have been left with temp work at 60% of what my former wage was but of course my mortgage was not acquired on the wage of a casual worker. What will the total amount of my lost earnings be? I don’t yet know. Presently it appears I have to price myself back to a graduate wage but I’m not in consideration for that as the employers are concerned I will become bored, leave, and have cost them. If I do take a job back at a starting salary, I’ve priced myself right back down to where I was 5 years ago and unless the economy improves I can’t see why I won’t have to spend the next 5 years clawing gradually back to what I was at last year.
Further, what I went through is seemingly not understood by anyone other than those who have also experienced it, so the moral support from friends regarding being assaulted at work and now unemployed at the age of 27, has been low. You tell someone your father is dying, you’ll receive immediate sympathy and a strong support network. Victims of sexual assault don’t receive this.
KFK in the end, has not won. Her win will only come in a legacy that finally stamps out sexual harassment and assault in the workplace.
Wow T, thanks for posting this. I can't believe you went through that. Please don't blame yourself for any of it. Stay strong.
People think it's harmless or benign flirting or touching or whatever, they don't see the connection. It's a violation. Your story perfectly illustrates why this problem needs to be made a fuss of. People just don't take it seriously enough.
There are no words. That is atrocious. I wish you all the good things life has to offer in your future and hope you are ok xx