ID :
143523
Sat, 09/25/2010 - 13:33
Auther :
Shortlink :
http://m.oananews.org//node/143523
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Ex-DJ's boss files defence
(AAP) - The man at the centre of Australia's biggest sexual harassment case says he only tried to kiss a David Jones publicist after she made sexual comments to him.
In his defence filed in the Federal Court on Friday, the department store's former
chief executive Mark McInnes said Kristy Anne Fraser-Kirk "made comments of a sexual
nature" to him at a function on June 7, 2010.
In response, "he attempted to kiss her".
In her $37 million plus claim, Ms Fraser-Kirk alleges Mr McInnes made unwelcome
sexual advances to her at the June function and at a lunch on May 23, 2010.
In its defence also filed on Friday, David Jones says Ms Fraser-Kirk was seen
engaging with Mr McInnes "in a flirtatious manner" during the May lunch and walked
away "smiling" after he hugged her.
Ms Fraser-Kirk is suing the store, Mr McInnes and nine directors, claiming David
Jones tolerated ongoing sexual misconduct by its chief executive.
Mr McInnes resigned on June 18 after admitting behaving "in a manner unbecoming of a
chief executive to a female staff member" at two recent company functions.
In his defence, Mr McInnes denied making unwelcome comments of a sexual nature to Ms
Fraser-Kirk at the May lunch.
She had alleged he had urged her to try a dessert by saying it was "like a f*** in
the mouth".
She also claimed he asked her to accompany him to Bondi, "a suburb where he lived",
with the clear implication it was for the "purpose of sexual intercourse".
But Mr McInnes said he had invited her for a drink at "the North Bondi Italian or
Ravesis" to continue their conversation, but denied this was an unwelcome sexual
advance.
He admitted giving her a goodbye hug, but denied it was an unwelcome sexual advance,
adding he hugged other attendees in the same way at the end of the function.
In its defence, David Jones said that Ms Fraser-Kirk then had a "lighthearted and
jovial" conversation with two superiors.
"Without complaining", she told them Mr McInnes had asked her to go for a drink with
him at North Bondi.
She was not observed to be "upset" by his alleged conduct, nor did she report or
make any complaint until June 9, the store said.
Mr McInnes, the store and its directors also deny a string of other allegations made
against them.
Mr McInnes said he "is unable to plead" to certain allegations made about him in
relation to other David Jones employees as he has not been given particulars of
their identity.
He also denied Ms Fraser-Kirk's claims that, while working for Black & Decker
between 1989 and 1991, he engaged in sexual misconduct such as touching the breasts
of a secretary and fondling his genitals in front of her.
He said he "did not make unwelcome sexual advances to any employee at Black and
Decker".
The matter returns to the Federal Court on Monday.
Justice Geoffrey Flick will hear arguments about confidentiality undertakings
relating to witnesses Ms Fraser-Kirk intends to call in support of her case.
In his defence filed in the Federal Court on Friday, the department store's former
chief executive Mark McInnes said Kristy Anne Fraser-Kirk "made comments of a sexual
nature" to him at a function on June 7, 2010.
In response, "he attempted to kiss her".
In her $37 million plus claim, Ms Fraser-Kirk alleges Mr McInnes made unwelcome
sexual advances to her at the June function and at a lunch on May 23, 2010.
In its defence also filed on Friday, David Jones says Ms Fraser-Kirk was seen
engaging with Mr McInnes "in a flirtatious manner" during the May lunch and walked
away "smiling" after he hugged her.
Ms Fraser-Kirk is suing the store, Mr McInnes and nine directors, claiming David
Jones tolerated ongoing sexual misconduct by its chief executive.
Mr McInnes resigned on June 18 after admitting behaving "in a manner unbecoming of a
chief executive to a female staff member" at two recent company functions.
In his defence, Mr McInnes denied making unwelcome comments of a sexual nature to Ms
Fraser-Kirk at the May lunch.
She had alleged he had urged her to try a dessert by saying it was "like a f*** in
the mouth".
She also claimed he asked her to accompany him to Bondi, "a suburb where he lived",
with the clear implication it was for the "purpose of sexual intercourse".
But Mr McInnes said he had invited her for a drink at "the North Bondi Italian or
Ravesis" to continue their conversation, but denied this was an unwelcome sexual
advance.
He admitted giving her a goodbye hug, but denied it was an unwelcome sexual advance,
adding he hugged other attendees in the same way at the end of the function.
In its defence, David Jones said that Ms Fraser-Kirk then had a "lighthearted and
jovial" conversation with two superiors.
"Without complaining", she told them Mr McInnes had asked her to go for a drink with
him at North Bondi.
She was not observed to be "upset" by his alleged conduct, nor did she report or
make any complaint until June 9, the store said.
Mr McInnes, the store and its directors also deny a string of other allegations made
against them.
Mr McInnes said he "is unable to plead" to certain allegations made about him in
relation to other David Jones employees as he has not been given particulars of
their identity.
He also denied Ms Fraser-Kirk's claims that, while working for Black & Decker
between 1989 and 1991, he engaged in sexual misconduct such as touching the breasts
of a secretary and fondling his genitals in front of her.
He said he "did not make unwelcome sexual advances to any employee at Black and
Decker".
The matter returns to the Federal Court on Monday.
Justice Geoffrey Flick will hear arguments about confidentiality undertakings
relating to witnesses Ms Fraser-Kirk intends to call in support of her case.
