Fresh claims for former David Jones boss

Kristy Fraser-Kirk. Photo / The Australian.

SYDNEY - Fresh claims of sexual misconduct have emerged against former David Jones boss Mark McInnes, including that he touched a female colleague and fondled his genitals in front of her while working for a past employer.

The 44-year-old is facing a $37 (NZD$47.15) million lawsuit lodged by a publicist at David Jones, Kristy Fraser-Kirk, who claims he made unwelcome sexual advances and comments towards her earlier this year.

In an amended statement of claim filed at the Federal Court on Friday, new allegations of inappropriate behaviour have come to light that took place between 1989 and 1991 when McInnes worked for Black and Decker.

"During that period (a manager) had cause to counsel Mr McInnes on up to 10 occasions concerning his inappropriate behaviour, language and approach towards women," the claim reads.

The conduct allegedly included comments from McInnes about the size of women's breasts and women's appearance.

In one alleged incident, McInnes asked a 19-year-old female employee to work back late and began rubbing her shoulders, until the woman "expressed discomfort" and asked him to stop.

"Mr McInnes continued to rub her shoulders and then lent forward and casually touched her breast," the claim says.

"She again asked Mr McInnes to stop to which he responded, '... you are overreacting. It's just what I'm like'."

About a week later the woman was again asked to work back late by McInnes and he again rubbed her shoulders.

"Mr McInnes then commenced to rub the front of his body, in the region of his crotch, against her," the claim states.

He allegedly laughed when she asked him to stop.

"On completing her work, and shortly (afterwards, the woman) walked into Mr McInnes' office to hand him the work papers and observed Mr McInnes fondling his penis. She was embarrassed and immediately left the office."

The amended claim lists six new incidents at Black and Decker involving two alleged victims.

The amended claim also notes fresh allegations of misconduct toward a sixth David Jones employee in 2009.

The claims include that McInnes tried "to engage her in flirtatious conversations" and sent her text messages seeking that she visit his Bondi home.

Ms Fraser-Kirk claims McInnes made unwelcome sexual advances and comments to her at a May 23, 2010 lunch and at a function on June 7, 2010.

She is claiming punitive damages of about $37 million in action against David Jones, nine directors and McInnes who resigned from the retailer on June 18.

McInnes has indicated he will contest the allegations against him.

- AAP