Gillian Franklin’s Heat Group wins costs against sexual harassment claimant, urges businesses to fight to defend staff

On Friday, the Victorian Civil and Administrative Tribunal ordered Finch to pay two-thirds of Heat Group's costs in defending her claim.

Judge Marilyn Harbison, who dismissed Finch's claims of sexual discrimination and harassment in June last year, found that the poor wording of Finch's claims and the fact she did not seem to have read any of the relevant material turned what should have been a five day trial into a 20-day trial, and made it difficult for Heat Group to organise its pre-trial defence.

"In my estimation, the complainant was a most unsatisfactory witness with a disregard for the truth," Harbison said in her latest judgement.

"Further, none of the five versions of her statement of complaint were in any way satisfactory. Even the final version was incomprehensible in part, and appeared to bear little relationship to the material contained in the witness statements filed by the complainant, or her evidence at trial."

Franklin told SmartCompany she now hopes the matter is closed, although the Heat Group will also need to pursue Finch to recover costs.

Franklin said that many business colleagues and mentors had advised her to settle the claim quickly and she admits the cost was threefold – legal bills, the cost of the distraction for the business, and the emotional cost for her team.

But Franklin felt the allegations against her key executives had to be defended thoroughly to send a message to staff and the business community.

"This matter has been going on for four years and has put so many of our people under severe pressure. But I felt it was my responsibility to defend the reputation of my people – that is really what gave me my energy and my drive to defend it."

Franklin says news of the latest decision has been well received among her team.

"I could just see people's shoulders go back and their heads held high. And you can't put a price on that."

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written by mark_kenway, February 08, 2011

Well Done Gillian Franklin!!
Standing up for your people and for a principle despite the cost.
Bosses are people that employees HAVE to follow.
Leaders like you are people that employees WANT to follow.

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written by concerned, February 11, 2011

I am concerned, Franklin says these claims were malicious, are you saying the same Smart Company to even report that publicly on the internet? People should be careful what they say. Weren't the claims proven with evidence that this woman was given warnings with no chance to defend herself, made complaints that went ignored, intimidated by two men raising their voices to her, given a second warning when the first one hadn't even been investigated as she requested & she had just been rushed to hospital shortly before, had someone go to her house when she was on sick leave & ask her to resign after her complaints were still ignored, sent a warning after she made her EOC claims, told not to get any ideas about getting pregnant by Franklin herself & Im sure there are more. Is this article not one sided as been commented on one of your articles before? Is it correct or is there evidence to prove it is not, I think there is more of a story here and I personally look forward to hearing it if it ever comes out. What does Franklin say about her staff their, "shoulders were back and their heads held high", I don't think they have cause to do that from what I believe were the claims & evidence. Has the other comment been removed from your webpage aobut this woman? If you want to write about this case, then you should show both sides. I think there is a public interest here in this case, if Franklin says these claims are malicious, she then herself is clearly saying the behaviour of what happened to this woman is acceptable in the wrk place & are you yourself saying the same by writing about it?