Witness to back claim of harassment
Kevin Holmes denied rubbing his hands on the thigh and back of Kate Shea, the company's former head of corporate and government affairs, at a work function in Hong Kong in 2010.
Ms Shea is suing TRUenergy - now Energy Australia - in the Federal Court for unlawfully dismissing her after she complained about the incident and a culture of sexual harassment at the company.
Mr Holmes said that he resigned in 2011 after Ms Shea's allegations and the company's internal investigation of the incident found there had been no wrongdoing. "I was disappointed to be leaving, but the situation was just totally untenable."
Ms Shea also complained of four times she alleged Mr Holmes had sexually harassed co-workers, which he denied.
Her lawyer, Charles Gunst, QC, said that a then senior human resources officer, Linda Robertson, would testify that she found the complaints "to different degrees to be substantiated", which led to his resignation. "I suggest to you that you were asked to leave because these complaints against you were found to have been substantiated," Mr Gunst said.
Mr Holmes denied this, saying he and managing director Richard McIndoe had agreed he should leave. The case continues.
Frequently Asked Questions about this Article…
The article reports that Kevin Holmes, TRUenergy’s former chief financial officer, was accused of rubbing his hands on the thigh and back of Kate Shea at a work function in Hong Kong in 2010. Holmes has denied those specific allegations and has also denied other alleged incidents raised by Ms Shea.
Kate Shea, the company’s former head of corporate and government affairs, is suing TRUenergy (now Energy Australia) in the Federal Court. Her claim alleges she was unlawfully dismissed after complaining about the Hong Kong incident and about a broader culture of sexual harassment at the company.
According to Holmes, the company’s internal investigation found there had been no wrongdoing, yet he says he resigned in 2011 after Ms Shea’s allegations made the situation 'untenable.' By contrast, Ms Shea’s lawyer says a senior HR officer, Linda Robertson, will testify that some complaints were found 'to different degrees to be substantiated,' which he says led to Holmes’ resignation. Holmes disputes that account.
The article names Kevin Holmes (former CFO), Kate Shea (former head of corporate and government affairs and plaintiff), Charles Gunst QC (Ms Shea’s lawyer), Linda Robertson (then senior human resources officer who may testify), and Richard McIndoe (managing director whom Holmes says agreed he should leave). TRUenergy is also referred to by its current name, Energy Australia.
The article says the alleged incident occurred at a work function in Hong Kong in 2010.
The article notes the matter is before the Federal Court, so investors interested in developments can watch Federal Court progress and any company announcements from Energy Australia. Monitoring reputable news coverage and official company disclosures will provide updates relevant to investors.
The article highlights that Ms Shea complained not only about an individual incident but about a culture of sexual harassment. For investors, such allegations may raise questions about corporate culture, governance and reputational risk—issues investors commonly monitor—so the case is one to watch for potential company implications.
As reported in the article, the legal proceedings are ongoing in the Federal Court and the case continues.
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