OK PLanB legal eagles

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Gob
Posts: 33642
Joined: Tue Apr 06, 2010 8:40 am

OK PLanB legal eagles

Post by Gob »

A case that is doing the rounds of the news sources in Aus.

A sexual harrassment case.

Your thoughts on the implications, rather than the case itself, woudl be interesting.
It is just this kind of hysterical overreach that is behind the $37 million sexual harassment lawsuit launched against David Jones by its former publicist, Kristy Fraser-Kirk, 27. By claiming that absurd amount, she has lost credibility. The sympathy and respect she earned from her initial dignified and private handling of the case flew out the window.

Her press conference on Monday, surrounded by her parents, boyfriend and lurking publicists, would have been heart-rending - if someone had died.


That is not to say that Mark McInnes, 45, wasn't a sleaze who got away with much more than he should have in the way of predatory, overbearing behaviour towards female underlings. And that's not to say the David Jones' board should not have known of the CEO's proclivities, even if it didn't know of specific sexual harassment, as it has said. If even half of what is in Fraser-Kirk's statement of claim is true, McInnes deserves everything he got.

But that is the point. He lost his job, got a comparatively paltry pay-off, became a national joke and had to leave the country in disgrace. DJs has taken a hit to its reputation, and its share price. It is now the butt of jokes. Why the need for a $37 million lawsuit, even if Fraser-Kirk plans to give any punitive damages to charity? Enormous lawsuits are the bane of our lives, feathering the slick corporate nests of the burgeoning law firms in this city, increasing costs of insurance, ruining community activities.

The worst Fraser-Kirk alleges of McInnes would have distressed most women but it should not ruin her life - unless she dwells on it.

According to her statement of claim, at a lunch in May, McInnes, "placed his hand under her clothing to the point where it touched her bra strap". He repeatedly asked her to come to his Bondi home "with the clear implication that such a visit would be for the purpose of sexual intercourse". He "grabbed her in a hug which lifted her off the ground".

At a cosmetics function in Rose Bay, he "attempted to kiss [her] on the mouth while putting his arm around [her] waist". He then placed "his hand on Fraser-Kirk's stomach before moving it under her clothes so that his hand reached the bottom of [her] bra while [she] was pulling away from his unwelcome touch and turning her head to the left so that he could not kiss her on the mouth".

Unpleasant, affronting, and unforgivable though McInnes's alleged behaviour was, this is the worst of her complaints. Is it worth $37 million?

Women who are raped don't get that kind of money as victims' compensation - they're lucky if they receive $100,000.
A woman who was raped by a navy colleague at HMAS Cairns was awarded less than $500,000 in 2007 in a sexual harassment lawsuit.

A David Jones employee who sustained a serious brain injury at work would get less than $300,000 in compensation under Work Cover. So why does McInnes's conduct qualify for such a grand cash grab?

http://www.smh.com.au/opinion/society-a ... 11fid.html
“If you trust in yourself, and believe in your dreams, and follow your star. . . you'll still get beaten by people who spent their time working hard and learning things and weren't so lazy.”

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Guinevere
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Joined: Mon Apr 19, 2010 3:01 pm

Re: OK PLanB legal eagles

Post by Guinevere »

As someone who defends employment discrimination cases,including harassment, there can be a whole world of difference between allegations set out in a press conference, and allegations actually proved at trial. That being said, even if proved, $37 million is more than any jury would ever award in Massachusetts. A successful sexual harassment plaintiff is entitled to back pay, some front pay (but going too far forward is completely speculative), emotional distress damages (which should be related to the actual distress suffered and have to be proven), punitive damages (if the conduct was outrageous, and then these are usually somehow related to the actual damages suffered), and attorney's fees. I'm quite certain that the largest jury award in Massachusetts so far this year -- for a wrongful death -- was an order of magnitude less than what this plaintiff is claiming, and for sexual harassment, probably two orders of magnitude less.

That being said -- large demands in cases like these are often done to try to strike terror into the hearts of the deep pockets (the employer and the insurer) and wrest out a settlement. I happen to be dealing with something similar right now -- a case where the plaintiff is looking not for compensation, but a windfall. Not going to happen.

For the opposing perspective, wait for Sue's comments ;)
“I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.” ~ Ruth Bader Ginsburg, paraphrasing Sarah Moore Grimké

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