None of the money former David Jones publicist Kristy Fraser-Kirk will receive after conciliation talks between the department store and its former chief executive Mark McInnes over allegations of sexual harassment will go to charity.
David Jones today confirmed in a statement to the stock exchange that the settlement amount with the company was $850,000, inclusive of all legal costs and expenses. It comprised a “smaller” contribution from Mr McInnes, the company said.
The settlement was reached in relation to Ms Fraser-Kirk’s proceedings in the Federal Court and a complaint in the Australian Human Rights Commission.
In a statement released today by her media adviser, Ms Fraser-Kirk said that she had asked the court to award punitive damages, which were 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,” she said.
Ms Fraser-Kirk had pledged to give any punitive damages she won to an unnamed charity for harassment victims. She had not specified the amount of money she sought in her claim for general loss and damages and what amount for punitive damages.
Ms Fraser-Kirk, 27, launched a $37 million lawsuit – Australia’s biggest sexual harassment case – in the Federal Court against David Jones, nine directors and Mr McInnes.
She alleged Mr McInnes made unwelcome sexual advances towards her and claimed the retailer tolerated his continuing sexual misconduct. The allegations were denied by David Jones and Mr McInnes.
Mr McInnes resigned in June over the allegations, admitting he had behaved “in a manner unbecoming of a chief executive to a female staff member”.
In today’s statement, Ms Fraser-Kirk thanked her partner, family, friends and legal team for their support during the case.
