Australian woman lodges $33 million over sex claim

A publicist yesterday sued Australia’s poshest department store and its former head for US$33 million over alleged sexual misconduct that led to the disgraced chief executive officer’s resignation.

“I have now commenced legal proceedings,” said 25-year-old Kristy Fraser-Kirk after filing documents in the federal court claiming Mark McInnes, the former chief executive officer of the upmarket David Jones stores, made unwelcome sexual advances and comments to her.

“I am a young woman standing here today simply because I said it wasn’t OK, because I said this should never happen to me or to anyone. I just want to be treated with respect,” she told reporters outside her home.

Ms Fraser-Kirk alleged in her statement of claim that Mr McInnes behaved inappropriately at a lunch in May and at a function in June, placing his hand under her clothing and touching her bra strap.

He also urged her to try a dessert by suggesting it was similar to a sexual act, she alleged in the legal documents.

Mr McInnes abruptly quit in June after claims of inappropriate behaviour were made. Mark McInnes admitted behaving “in a manner unbecoming of a chief executive to a female staff member” at two functions, the company said, without giving further details.

Ms Fraser-Kirk is suing the store, Mr McInnes and nine David Jones directors for $33.3 million, claiming the company took no action to address the inappropriate behaviour.

The suit seeks $35 million from the store, five per cent of its profits during the time Mr McInnes worked there, and another two million dollars from Mr McInnes, or five per cent of his salary.

In a statement, David Jones said both the company and its directors would defend the claims vigorously.

“I had high hopes for my career at David Jones and I believe that I could have gone far in my career had I been able to continue,” Ms Fraser-Kirk told reporters.

“I have tried my best to have this matter resolved fairly and with justice, but that appears not to be possible at the moment.”

If she does win punitive damages, the publicist pledged she would give all the money to a charity that works with victims of sexual misconduct at work.