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Basilio, I think you've misunderstood my post. In saying that:
I was referring to the actions of either McInnes or Fraser-Kirk during prior employment, or since leaving DJ's. Perhaps I should have made myself clearer. I had just read the following from the link you quoted above http://www.theage.com.au/business/ha...802-113eb.htmlQuote:
any prior actions by either party have no bearing on whether DJ's board knew what was going on in their own company or not, and that seems to be the crux of the punitive damages she's seeking isn't it?
That's a reasonable response, Basilio, thank you.I
I think having your work life disrupted by a predatory CEO who will not take no for an answer would be a long term very painful stress. It would be something you were facing over an extended period of time. You would have to continually juggle the question of complaining with all the stigma attached to that; giving in or accepting the behaviour and feeling (rightly) as if you are being abused ; or leaving your job and facing the uncertainty of looking for new employment. The last scenario is probably not viable for women with few skills in, for example, the textile industry. I remember there were a number of cases where foremen took advantage of this vulnerability to exploit women workers.
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The strongest reason most people don't end up pressing charges is realising they will have to go through the whole experience time after time with the lawyers,the police, the courts and the public simply reopening the wounds. And in the end there is every likelihood there will be no justice. Not very appetizing ...
Hear Hear Julia.However, whatever the situation actually turns out to be (if we ever know) between DJ's, Ms FK and Mr McInnes, to me it's all ridiculously disproportionate in terms of general fuss and amount claimed when it's compared with real sexual assault and abuse which happens every day to thousands of women and children, none of whom have the resources and knowledge available to Ms FK.
I can't help thinking that maybe some of Ms FK's ardent supporters could more usefully marshal their passions into doing something toward helping those genuine victims who lack the capacity to stand up for themselves.
The current DJ's situation seems to me somewhat obscene in comparison.
I can't help thinking that maybe some of Ms FK's ardent supporters could more usefully marshal their passions into doing something toward helping those genuine victims who lack the capacity to stand up for themselves.
The current DJ's situation seems to me somewhat obscene in comparison.
''As I have already said, I am asking the court to award punitive damages against David Jones, not because of what was done to me, but because of the entrenched culture over time that allowed it to happen, a culture that failed to protect me and other women.''
That's a reasonable response, Basilio, thank you.
However, whatever the situation actually turns out to be (if we ever know) between DJ's, Ms FK and Mr McInnes, to me it's all ridiculously disproportionate in terms of general fuss and amount claimed when it's compared with real sexual assault and abuse which happens every day to thousands of women and children, none of whom have the resources and knowledge available to Ms FK.
I can't help thinking that maybe some of Ms FK's ardent supporters could more usefully marshal their passions into doing something toward helping those genuine victims who lack the capacity to stand up for themselves.
The current DJ's situation seems to me somewhat obscene in comparison.
Rape is a crime and worse than sexual harassment. But Fraser-Kirk's critics - mostly women - are missing the point. Fraser-Kirk is seeking punitive damages; in civil lawsuits, such damages are a means of punishing defendants. The idea is that the interests of society as well as the individual concerned can be met by imposing such damages. Fraser-Kirk has said any punitive damages she is awarded will go to a charity working in the area of sexual harassment and bullying, although she would keep any other money she may receive for general loss and damages.
The punitive damages claim should be seen as an attempt to influence Australian corporate culture which, despite policies against it, continues to tolerate sexual harassment. For years, women have either put up with it or - if they complained - ended up the loser. ''This is not just about me,'' Fraser-Kirk has said.
She says David Jones executives were aware of McInnes's conduct. According to Fraser-Kirk, four other women were also sexually harassed by McInnes and David Jones knew of three. Not all women feel able to make formal complaints. But when they do not, the perpetrator's behaviour can continue unchecked, and the company can deny it has a problem.
We do not know if Fraser-Kirk's audacious claim will succeed, and the $37 million is undoubtedly over the top and won't survive. But we hope that by launching the claim she influences the way corporate Australia acts. It is not just about an individual woman receiving damages for lost income. This time, it's about whether a corporation should be punished for allowing it to persist..
That's a reasonable response, Basilio, thank you.
However, whatever the situation actually turns out to be (if we ever know) between DJ's, Ms FK and Mr McInnes, to me it's all ridiculously disproportionate in terms of general fuss and amount claimed when it's compared with real sexual assault and abuse which happens every day to thousands of women and children, none of whom have the resources and knowledge available to Ms FK.
I can't help thinking that maybe some of Ms FK's ardent supporters could more usefully marshal their passions into doing something toward helping those genuine victims who lack the capacity to stand up for themselves.
The current DJ's situation seems to me somewhat obscene in comparison.
We do not know if Fraser-Kirk's audacious claim will succeed, and the $37 million is undoubtedly over the top and won't survive. But we hope that by launching the claim she influences the way corporate Australia acts
One media organisation said she had approached it to buy her story, a claim she denied on Sunday.
"Numerous media have offered to buy my story for an exclusive," she said.
"I am not asking for money for my story," she said in the statement.
"I have always believed it is the right of all women to feel safe in the workplace.
"We shouldn't have to ask for that respect.
"I want to reassure (women who have supported me) that I will not be deterred by smear and innuendo.
"In fact, it makes me stronger and convinces me that I am doing the right thing."
And that's the nub of it basilio; The Age ( The Pravda on the Yarra) newspaper's vendetta against Corporate Australia.
Quote:
We do not know if Fraser-Kirk's audacious claim will succeed, and the $37 million is undoubtedly over the top and won't survive. But we hope that by launching the claim she influences the way corporate Australia acts
what?! says:
August 10, 2010 at 11:01 am
Ok. I really wasn’t going to comment on this one. Still not sure if I will press submit, however, the views of some people below entirely baffle me.
Frazer-Kirk is clearly an intelligent worldly girl. Perhaps in some other industries she would remain employable after this stand. In some she may even be lauded for standing up to the ‘man’. She knows that will not be the case for her. This young girl is completely unemployable in her industry and I can’t imagine how that must feel at her age.
I don’t know if I would do what she has done but I praise her for doing it. She must have known small minded people would paint her as a tease and gold digger, and that even when she announced she would not keep the money, they as a last resort they would claim she was seeking her 15 mins of fame. I mean, really…please?
Finally, for anyone who has made it this far through my post, I am in no doubt myself that what Fraser-Kirk alleges, took place. I am also in no doubt that senior management knew of it, and had done in other cases.
I worked for many years at David Jones in a department which McInnes frequented. He was known to loiter at some counters flirting with particular girls. He was also known to have ‘girlfriends’ on staff. These girls would inevitably be young, pretty blondes who shortly after associating with McInnes owned a vast array of designer handbags which would be gingerly checked in each day at the staff door. From what I know, all of these girls happily recieved his advances and the attention. So maybe there’s no problem there….but the fact remains that these girls were considerably younger than McInnes, and he was their boss. It never sat well with me.
David Jones management would have to have been closing their eyes, blocking their ears and humming the star wars tune to not have known this was going on. It seems bizzare to me that they did not suggest (or insist) McInnes conduct his love life outside of the work environment.
Sorry to Mia that this is such a difficult situation for you. People do have many sides and I am not suggesting I know Mr McInnes well or that he is a bad person. I just can’t stand the way a young girl is being attacked for being put in an untennable situation but coming out fighting.
Are you saying DJ's and the rest of the business world shouldn't reconsider any of their practices after this incident and the fallout ? That this was all okay ?
It's still not clear Calliope. I wasn't trying to verbal you with my question. In fact I was thinking that you didn't really believe that DJ's had done the right thing but that view was lost in the post and you would like to clarify it..If you are going to quote me, do it honestly and don't throw in your added smilies
More of basilo's verballing:
No. Read my post, and try to be honest.Quote:
Are you saying DJ's and the rest of the business world shouldn't reconsider any of their practices after this incident and the fallout ? That this was all okay ?
It's still not clear Calliope. I wasn't trying to verbal you with my question. In fact I was thinking that you didn't really believe that DJ's had done the right thing but that view was lost in the post and you would like to clarify it..
Quote:
What pompous nonsense. My advice to you is that if you are going to alter quotes by adding you own bolds or smilies then you are being dishonest. But if you continue this practice you should at least add an adendum that they are your bolds, smilies, etcOriginally Posted by basilio View Post
It's still not clear Calliope. I wasn't trying to verbal you with my question. In fact I was thinking that you didn't really believe that DJ's had done the right thing but that view was lost in the post and you would like to clarify it..
I thought that( regardless of whether the claim was over done, the amount ridiculously high and so on,) everyone else has agreed that this incident should make business far more thoughtful about how their employees are treated with regard to sexual harassment issues
Are you saying DJ's and the rest of the business world shouldn't reconsider any of their practices after this incident and the fallout ? That this was all okay ?
Calliope can we please get over my addition of the smilies to your quotes. They were intended to reflect my surprise at the statement rather than your comments.
But my question still remains as I expressed it earlier and for the sake of the conversation I'd like your thoughts and any qualifications you might make.
No one has agreed that this particular instance while nasty is worth $37 m. or anywhere near it. It is simply that this is a unique opportunity to conduct a public high profile case that might fundamentally change how businesses view sexual harassment issues and that if successful to some degree will provides the resources for others who need support.
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