Jackie “O” Henderson has filed a legal action in the federal court claiming compensation of “at least $82,250,000” for the wrongful termination of her 10-year contract after she told ARN Media she had allegedly been bullied by her co-host Kyle Sandilands.
The fresh legal action came four weeks after Henderson’s contract was terminated by Kiis owner ARN Media, and days after Sandilands’ first hearing in the federal court for his own claim against the media company.
On 3 March ARN announced the duo’s breakfast show would be taken off-air effective immediately and referenced Henderson’s claim she could no longer work with her on-air partner of 25 years.
The Fair Work claim says the termination of Henderson’s contract earlier this month constituted adverse action, ARN Media said in a statement to the ASX on Tuesday.
The statement said Henderson complained to ARN about Sandilands allegedly bullying her, on 20 February and also prior to the on-air incident which led to her walking out on the show.
On 20 February Sandilands mocked her interest in astrology. A distressed-sounding Henderson left the studio and did not return.
Henderson made allegations about her “psychosocial health and safety” working with Sandilands, the ASX statement said.
Henderson’s claim alleges that terminating her contract after she made bullying complaints was in contravention of the Fair Work Act.
“It is alleged that the Complaint Letter involved the exercise or proposal to exercise workplace rights, and that the contract was terminated because of that exercise or proposed exercise, in alleged contravention of section 340 of the Fair Work Act 2009 (Cth).”
The lawsuit also claimed ARN’s announcement on 3 March included misleading and deceptive statements under the Australian Consumer Law.
ARN disputes the claims and will defend the proceedings, it said.
The company said the proceedings have been filed in the federal court against Commonwealth Broadcasting Corporation (CBC), a subsidiary of ARN which is the licence holder for Kiis 106.5 Sydney.
Sandilands has been approached for comment.
