In early August, when Kristy Fraser-Kirk launched her $37 million sexual harassment case against David Jones and former CEO Mark McInnes, companies across Australia were forced to sit up and take notice.
Immediately, the mud-slinging began: ‘She’s asking too much’, ‘It’s all a publicity stunt’, and so on, but without such a huge amount tabled, would this case have been just another sexual harassment story briefly noted then swept aside by the never-ending tide of breaking news?
The real issue here is that Fraser-Kirk claims the board knew that McInnes was a bully and sexual harasser but that they did nothing to protect her, thereby failing in their duty of care. And that is the crunch for many employees, both male and female, who find themselves in this situation but have no-one to turn to for support. If the perpetrator is high up, or actually part of the Human Resources Department, how can the person being bullied or harassed get their claims heard?
Peter Wilson, president of the Human Resources Institute, describes sexual harassment as ‘a cancer’ in Australian workplaces and has urged companies to employ independent agencies where harassed employees can go to frankly discuss their concerns. However, it doesn’t appear that big business agrees. Myer, Westpac, Telstra and Qantas have all stated that their internal policies are adequate for handling any employee claim.
Perhaps the rejection of an external sounding board, excuse the pun, is partly due to wanting to keep any such ‘dirty’ matters in house, or maybe it’s related to cost. But with the Fraser-Kirk lawsuit proceeding before the court, business is about to find out just how expensive ignoring an employee’s complaints really can be.
Makes a good case for Management Liability insurance. Whilst it won’t solve the problem – it might ease the pain.