Private Investigator Training

The 37 Million Dollar Sexual Harassment Law Suit that has taken the Election off the Front Page- Investigation Perspective

In cases such as this ultimately there will be a payout, how much will be determined by negotiation between lawyers and insurers. In similar cases both Plaintiff and Defendant are usually presented by their legal counsel, as lilly white, god fearing, church going, charity supporting, hard working, outstanding members of the community, who have never even had as much as a parking ticket. This one is unusual becuase the two parties are in the "sexy" field of retail fashion chain outlet publicity and promotion, so social interaction, new seasons launches, drinks and event participation is a requirement. This is not a defence but it is relevant.

In this 37 Million Dollar Sexual Harassment Claim - Kirsty Fraser Kirk is suing David Jones for $37 million as a result of allegations of sexual harassment by DJ's Former CEO Mark McInness.

The previous highest dollar value law suit for sexual harassment was from Christina Rich who sued Price Waterhouse Coopers for  an amount of 11 million dollars. She earned $900,000.00 a year as a tax advisor, and received an undisclosed settlement from PWC. This payout would have been substantial due to her future economic loss, and fair enough she lost because of morons sexually harassing her.

Malortzata Poniatowska recently won a payout of  $466,000.00. In the process it was discovered she was on the dole while working for the compay she was suing. "A woman charged with dole fraud has told an Adelaide court she will pay back the money when her record sex harassment claim is paid out by the Federal Court. Malgorzata Poniatowska has pleaded guilty to 17 counts of knowingly defrauding Centrelink and will be sentenced in October. Poniatowska, 41, was last month awarded $466,000 after a sex discrimination case against the South Australia's largest home builder, the Hickinbotham Group.The Hickinbotham Group is appealing against the judgment, which awarded Poniatowska the state's highest sex harassment payment to date." On August 3, 2010 the Supreme Court overturned Poiatowska's conviction on 17 charges of defrauding Centrelink, which she had pleaded guilty to previously. Her lawyers successfully argued Post Traumatic Stress Disorder. $466,000.00 can buy very good legal representation.

Facing a $37 million dollar law suit what will the potentially liable Insurer do? This is what will unfold:

1. The Insurer of DJ's will be served with a statement of claim outlining the particulars of the claim (what is alleged happened and when and where).

2. The Insurer will interview all relevant people at DJ's who have worked with or know the Defendant, but will not interview the Plaintiff.

3. Every detail of every incidence of where the Plaintiff participated in, or was present at a meeting at work where a remark, gesture, joke, a look, viewing of a photograph, picture or video, sending of an email, or making of comment of a sexual nature by any one will be documented, collated and preserved, complaint or no complaint at the time.

4. Her work computer will be forensically examined.

5. All past work phone call numbers will be examined (mobile and land line).

6. The Plaintiff's friends and associates past and present will be located and interviewed if they will participate.

7. Ex partners will be located and interviewed if any.

8. Ex school friends will be located and interviewed, neighbours, ex work mates will be carefully located and spoken with about the Plaintiff's participation in any kind of behaviour standing up against or being indifferent to matters which could be considered of a sexual innuendo or suggestive nature. If photographs exist of the Claimant simply larking about at a party and having a fun joke cuddling a friend and smiling, such a photo could be seized upon by a desperate defence counsel determined to save 37 million dollars as proof of a double standard in this case. Putting a person's sex life on trial (real or imagined) is not beyond a defence barrister. Federal Politician and Lawyer Michael Hodgeman successfully did just that in a murder trial in the late 1990's.

9.   The Defendant's work computers will be forensically examined.

10   Facebook and my Space will be searched for any links of potential use, if any.

11.  The Plaintiff's expense claims at the workplace will be examined if any.

12.  The Plaintiff's job application, resume and work performance will be scrutinised. Past work places will be contacted and checked for similar claims.

Effectively to defend the amount in this case, the Insurer will go to any lengths to reduce it's liability. This will mean even looking at who else may be joined in. For example if the sexual harassment took place at a fashion show, the organisation who managed the event, the designers, the location venue and the owners / occupiers insurers will be attempted to be joined in this claim through their insurers. Better get your Security Risk Assessments out and start going through them people.

Equally the Plaintiff's  solicitor's will maintain the pressure on the Defendant's workplace. The more bad publicity the work place will get the higher the pay out and the quicker it will be settled. Each side will want to be seen by the public as the under dog victim. The Plaintiff's solictors will:

1. Locate and interview every single person who they can find who has worked with or for the Defendant, past and present. Good start.

2 Try to establish a pattern of documented similar behaviour if any from any workplace, social occasion, sporting club etc.

3 Locate and interview ex employees who worked with or for the Defendant in any workplace.

4 Locate ex employees whose concerns were ignored by the workplace, who have diaries, notes, emails, phone records, documents if any.

5 Take statements from any one who will give them in relation to similar incidents, and follow up on all hear say.

6 Seek, photos, emails, pictures, video, messages of a sexual content nature sent from the Defendant to any one, if they were and if they exist.

7 Establish and confirm if possible there was no induction or training or culture of prevention of, or response to reported sexual Harassment at DJ's if they can.

8 Seek witnesses to any similar incidents that may have happened socially in person, on social networking, at parties, functions or any where else, if any.

 What are Plaintiff Investigators and what do they do?

In summary the winners will be in the best case scenario for the Plaintiff; 1 group of solicitors (hers). For the Defendant 1 group of solicitors (his). Neither Defendant or Plaintiff will get any long term benefit from this matter if it escalates and future economic loss of both will be difficult to estimate but very real.

Outcome will most likely be settlement out of court. If this proceeds to court it will hang dirty washing out for full view on both sides. The Plaintiff's solicitors have a duty of care in that regard and must balance their client's mental health and well being against accepting a lower payout. The Defendant's solicitors have reputational risk to consider, i.e how much damage it will do to the retailer's reputation. Already the denile culture of DJ's is being written about widely in the press and on websites, it is early days, and it will take some time to resolve. Moral - Enforce Policy and Procedure at all levels of the organisation. When a CEO's unwanted, uninvited actions come on the radar, take swift visible action. The average sexual harassment payout in 1994 was $30,000.00,today it is a lawyers picnic as to the boundaries of value.