Kristy Fraser-Kirk, 25, is junior publicist formerly employed by David Jones. She is now suing the company for and the former CEO, Mark McInnes for a total of over $37 million dollars. The company has said that it will vigorously defend the claims. The amount is approximately 5% of the profits of the company for the time that ms Fraser-Kirk was employed in the company. The claim was lodged in the Federal Court of Australia and at present is composed of a 31 page statement of claim which details the sexual activities of the former CEO. Details of how the damages are calculated at present are sketchy, although a normal principle in the award of damages is that you must adequately compensate the plaintiff for the damage caused and it should be quantified in terms of general damages, punitive damages, special damages and any other types of damages which the court sees fit.

In order to prove that she is not simply interested in money for herself, she has given a statement that all of the damages potentially awarded to her will be given to a charity in order to prevent the accusation that she is simply gauging the company for its deep pockets on the back of the sexual harrassment. The case is similar to one where there was a finding against the firm Price Waterhouse Coopers in the Sydney Office where a massive payout was given because of the behaviour of a partner towards a female partner. If the courts do award the amount as stated in the statement of claim it will be the largest payout of this type in Australian legal history. The claim is also seen as a sign that sexual harrassment is rife in the modern Australian Workplace and that employment conditions for women in Australia have not improved significantly in recent years despite the reforms driven by several generations of feminism. It will be another landmark in the history of the Australian legal system if this case is successful.