How to outsmart a retail giant
News last week that David Jones publicist Kristy Fraser-Kirk has filed a record $37 million sexual misconduct claim in the Federal court is so far a textbook example of how to win a case in the court of public opinion.
When high profile David Jones CEO Mark McInnes unexpectedly resigned in June after admitting to inappropriate behaviour, the media focused on his spectacular fall from grace and how the retailer had moved swiftly to minimise damage to its brand.
Within 24 hours, Ms Fraser-Kirk moved from being behind the news to in it when she was identified as the “blonde publicist” at the centre of the allegations who was “often seen escorting David Jones ambassadors Gai Waterhouse and Megan Gale”. Photos were flashed across newspapers, television and online of a glamorously dressed, fun-loving and attractive young woman in her role as escort to David Jones’ most recognisable faces (now ironically replaced by Mark McInnes himself).
Until last Monday, August 2, Ms Fraser-Kirk had shunned the media to work on her case with her legal team. Given the likelihood of an out-of-court settlement, Ms Fraser-Kirk may never have the chance to take the witness stand and tell her story.
So the only avenue open to her was to use the tools of her trade to make one carefully worded public statement that outlined her case and cast her as a champion for women. Interestingly it is women who make up the majority of David Jones’ staff and customers. As her claim was filed in court, Ms Fraser-Kirk turned the tables on the retailer and Mark McInnes, presenting herself as a strong, intelligent and articulate young woman – the David pitted against David Jones’ Goliath.
With her parents by her side, Ms Fraser-Kirk fronted the media scrum dressed in sombre grey pants, lacklustre shirt and jumper with plain hair and minimal make up – far from the glamorous look bandied around in the media when the news first broke. In front of what looked to be her modest family home, she announced that her case was about being “treated with respect”.
To demonstrate her point, she promised that if she wins, the damages will be donated to a charity to help victims of sexual harassment and bullying, putting to bed any speculation that she’s doing it for the financial gain it’s likely to reap. She’s also set up a confidential hotline where other David Jones employees can come forward with any complaints – despite the retailer having already establishing its own service for staff.
Even the formula used to arrive at the record $37 million damages claim - five per cent of the retailer’s profits during Mark McInnes’ tenure as CEO, as well as five per cent of his salary - reinforce the David v Goliath theme.
It’s also no coincidence that her statement was made the day before one of the biggest events on David Jones’ publicity calendar– the launch of its spring/summer fashion collection for 2010/2011. The claim was front page news that left David Jones scrambling and off-message on what should have been one of its biggest publicity events for the year.
Plans to put David Jones staff forward for interview were changed at the last minute. Instead business partners, otherwise known as fashion designers, were asked to speak on the retailer’s behalf, prompting woman-spurned Alannah Hill to further add to the retailer’s woes. She now has a PR battle on her own hands, with one solution to have a ‘Sorry Sale’ with all proceeds going to the White Ribbon Foundation, which supports victims of domestic violence.
Right now, the court of public opinion is favouring the controlled Kristy Fraser-Kirk, leaving David Jones – and all the resources at its disposal – scrambling to fight back. Ultimately though, time will tell whether the women who shop at David Jones will show their support for Ms Fraser-Kirk by shopping elsewhere in this tough retail climate.
What will you do?
- Vicki Cirillo, Account Manager
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