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Talking real world solutions, an ambitious young staffer is not going to slap the face or knee the groin of the CEO.
If that solution is unappealing, there are plenty of alternatives which I can assure you work very well and do not impede career progression. Women can be assertive and clear about what is and is not acceptable, without getting carried away with themselves.Talking real world solutions, an ambitious young staffer is not going to slap the face or knee the groin of the CEO.
Of course it's possible. For all we know, this may have been Ms Fraser-Kirk's initial course of action until she saw an opportunity for huge advantage.Thought it was bizzare and a bit embarrassing that Allanah Hill outed herself as the brunette that Mark could have very, very, VERY easily taken home from the DJ work function. Had a touch of the stalker about it. Perhaps even a sexual harrassment case ??
Is it possible that was a suite of women who had marked Mark for their bedposts and weren't above putting the hard word on him ?
Of course it's possible. For all we know, this may have been Ms Fraser-Kirk's initial course of action until she saw an opportunity for huge advantage.
The over-riding message companies will take from this is Don't Hire Women, especially pretty ones.
That is rather a blinkered view. Perhaps some of them might get the over-riding message that sexual harassment in the workplace is just not acceptable!
Whether Kristy Fraser-Kirk and her charity ever see anything approaching the $37 million in compensation and damages she is seeking from David Jones for being sexually harassed by its former chief executive, it is evident that boards and senior executives of other companies are already considering the implications of the affair for their own businesses.
... but the case has also underscored how potentially destructive, reputationally and financially, harassment issues within a workplace can be.
Companies are already thinking about their processes. If the harasser is the chief executive, what sort of process and what kind of culture encourages staff – senior or junior – to come forward with their allegations and ultimately by-pass their boss and risk their own position and prospects?
Intelligent boards will, however, recognise that they have to devise a response to the DJs affair because the consequences for their own company of complacency could be equally unpleasant.
The DJs experience shows that having a code of conduct isn’t sufficient if the transgressor is senior and intimidating enough. Staff, junior and senior, have to be comfortable and confident that they can come forward with complaints against even the most senior of executives and have them taken seriously and acted upon.
The other lesson that should be drawn, and appears to being absorbed by at least some companies, is that no individual is so valuable that their behaviour can be over-looked. To its credit the DJs board did dismiss – without trying to hide or disguise the reasons for doing so – a chief executive widely credited with the group’s resurgence and its consistently high levels of performance. McInnes is/was an outstanding retailer.
In the light of the DJs experience, one would expect that boards and senior executives, when evaluating their employees, put as much, and hopefully more, emphasis on character as talent.
That’s not just about avoiding the consequences of appointing or elevating a lecherous executive but, as the DJs saga appears to signal, about the strength and courage of those who could, and should, have either stopped the behaviour in its tracks or alerted the DJs board to the nature and behaviour of its chief executive.
Yes I think the $37m is symbolic and for publicity. Ms Fraser-Kirk has already said any settlement would be donated back to other victims of harassment.
Also consider this, the young lady has probably lost her career in PR, ostensibly through no fault of her own. When she asked her superiors at DJs for help, they let her down. I think we're mature enough to admit that in the case of the former CEO, where there's smoke there's probably fire.
Talking real world solutions, an ambitious young staffer is not going to slap the face or knee the groin of the CEO.
From today's "Australian":Ms Fraser-Kirk has already said any settlement would be donated back to other victims of harassment.
Three victims of alleged sexual misconduct referred to in a $37 million legal action brought against David Jones still work for the upmarket department store, having resolved their concerns.
While the 25 year old has said she would donate any punitive damages to a charity working in the area of sexual harassment and bullying, she will retain any other damages or compensation awarded. She has so far declined to specify how much would be donated in the event of a settlement.
Think you are on the money and given the amount of time and effort I have seen company's go to these days to have everyone complete training about the very subject its extraordinary DJ's has the problem caused by a CEO.
WHAT price for a quick feel? Or how much would it cost to shut you up? That's where the level of debate seems to be raging over the lawsuit faced by retailer David Jones over Kristy Fraser-Kirk's sexual harassment claims.
The victim wants $37 million. The perpetrator, Mark McInnes, got $2 million when dumped from David Jones - $445,421 of contractual entitlements plus $1.5 million to ensure the former chief executive doesn't take his retailing skills elsewhere.
Eyebrows rose when McInnes's payout was revealed, but then everyone nodded sagely and accepted it as a commercial necessity. But be the unhappy person whom he fumbled and try to exact financial revenge through the courts, and whoahh … don't dare ask for too much.
Maybe the headline figure of $37 million does exhibit a dramatic touch - and maybe that's a good thing, because whether Fraser-Kirk or her ascribed charities win a penny or not becomes irrelevant. Already it has effected change by shining a light on this extraordinarily complicated area.
Simply by filing such a huge claim for behaviour that some people mistakenly consider trivial, and by doing it against such a prominent businessman, Fraser-Kirk has made men (and women) talk openly about sexual harassment.
She has triggered vigorous debates about how far is too far. She has forced companies, especially middle-management and boards, to think hard about whether internal complaints processes and human resources practices are adequate.
And she has highlighted in a most public way how gross, offensive and wrong some kinds of behaviour might be.
For all the legislation and company codes that purport to bar or curtail sexual harassment and discrimination, it still prevails in many workplaces. Will the claim succeed? Definitely not in its current form. Is it a stunt? Probably. Does that make it worthless? No.
Well at least the sexual harassment of Kirsty Fraser-Kirk and the subsequent fall out has well and truly opened up the question about what people should be subjected to in the work place. Leonie Wood writing for The Age picks up on some salient points.
Leonie then discusses how this claim would be treated in America and the various court processes she is using in Australia.
Hear hear.
Found my head nodding as I read the article, so I must agree with you on this one
Will the claim succeed? Definitely not in its current form. Is it a stunt? Probably. Does that make it worthless? No.
Hasn't thought of going into politics has she? Doors would open I'd say. She'd make a fearsome advocate.
B]Life wasn't meant to be sleazy, especially for women at work[/B]
August 7, 2010
For most women subject to sexual harassment at work, the old rules still apply. They grin and bear it, and when it gets too much they quit. They work in small business and shops and male-dominated offices, and they lack the confidence to make their complaint public. If it were not for women such as Kristy Fraser-Kirk, who has taken David Jones to court, sexual harassment would remain an abstraction, its sordid details hidden from public view, or buried in secret conciliation sessions behind closed doors.
Every cause needs brave people to take a stand and fight for their rights, otherwise rights are eroded for everyone. Most cases of sexual harassment are never formally reported to a manager, or to the Australian Human Rights Commission. Cases that are reported to the commission are conciliated and usually end with the woman's resignation and a small payment of $5000 to $15,000. A confidentiality agreement deprives the public of ever hearing about the matter. Every now and then the commission publishes brief case studies with names changed.
It is good work that can bring individual justice. But it is bloodless stuff. Shorn of detail and identities, these secret conciliations rarely make the news, let alone the front page. They have little wider educative effect. The commission has no power to impose penalties on errant employers. Workers unhappy with the conciliation outcome must pursue the complaint in the Federal Court. Most don't, lacking the means, and fearing adverse cost orders should they lose.
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