Wednesday, June 23, 2010

Davidar says affair was 'consensual, flirtatious'

Breaking his silence, India-born David Davidar on Monday dismissed the accusations of sexual harassment by ex-colleague Lisa Rundle, which led to his resignation as CEO of Penguin International. Excerpts from a statement by his lawyer in Toronto:

"David Davidar had a consensual, flirtatious relationship that grew out of a close friendship with a colleague. He deeply regrets the hurt this has caused his wife.

Commencing in late 2005, Mr Davidar and Ms Rundle had offices next to each other at Penguin. They became friends... At Ms Rundle's invitation, Mr Davidar played tennis with her at her tennis club. They went to a tennis tournament together. They attended the theatre together. They had lunches in restaurants together. Mr Davidar came to think of Ms Rundle as his closest friend and confidante at work.

In 2007, after their friendship became flirtatious, Mr Davidar suggested to Ms Rundle that their relationship become more romantic. Ms Rundle informed Mr Davidar that she had more than one suitor... and that it would be important to her that any such relationship not be secret. Mr Davidar accepted the situation... Mr Davidar wrote Ms Rundle personal emails, read poetry to her, and they exchanged gifts... Throughout this friendship Mr Davidar would ask Ms Rundle if she liked the attention he was paying her, and she indicated she did.

Ms Rundle and Mr Davidar kissed on two occasions. The first was in Ms Rundle's room at the October 2009 Frankfurt Book Fair... However, contrary to Ms Rundle's claim, Mr Davidar did not bully his way into her room, nor did he force himself upon her. Ms Rundle did not object when they kissed...

Two days later, Mr Davidar and Ms Rundle went to dinner at a restaurant. After dinner, Mr Davidar kissed Ms Rundle again, this time in his hotel room...

Ms Rundle subsequently told Mr Davidar that she had enjoyed their kisses in Frankfurt, whether or not they were ever repeated...

Following the Frankfurt trip, Mr Davidar travelled to India on business. While Mr Davidar was there his father became critically ill... Ms Rundle sent an e-mail expressing her concern and extending "her best thoughts"... Mr Davidar returned to Toronto just prior to Christmas 2009. Ms Rundle welcomed him back warmly.

Later (in January 2010), Ms Rundle requested a pay increase. Mr Davidar reminded her that salaries at Penguin were frozen. However, he offered her the role of Director, Digital Publishing and Foreign Rights. This justified a pay increase of approximately $10,000.

In February of 2010, following the death of his father, Mr Davidar took stock of his life. He felt he could no longer continue his relationship with Ms Rundle...

Within weeks, Ms Rundle told Mr Davidar that she no longer wished to have her new digital publishing responsibilities. Mr Davidar accepted this while reminding Ms Rundle that... the accompanying salary increase would not be continued.

Throughout Ms Rundle's employment with Penguin she had the opportunity to complain of any alleged sexual harassment. The company provided an anonymous employee 'help line'. Despite (this), it was not until several months after the trip to Frankfurt that Ms Rundle initiated a complaint of sexual harassment. Mr Davidar subsequently told Ms Rundle that her complaint would have no effect on her employment.

Throughout Ms Rundle's employment with Penguin from late 2005 to 2010, she was treated fairly... Mr Davidar was at pains to remind her that no matter what happened between them... Ms Rundle's professional career with Penguin would never suffer.

...Ms Rundle's counsel has issued a statement regarding Samantha Francis, a former Penguin employee...

Samantha Francis was David Davidar's executive assistant in 2006 and 2007. Mr Davidar engaged in flirtatious banter with her for a short period. He did not engage in any conduct toward Ms Francis that he knew or should have known was unwelcome.

In 2007, Ms Francis told Mr Davidar that Penguin's human resources ("HR") department had incorrectly understood an enquiry she had made about comments made by Mr Davidar. She said she wished to withdraw her enquiry against him. Mr Davidar told her that if she had any concern about his conduct it was proper for her to complain... After thinking about it, Ms Francis submitted a written note to the HR department... stating that she and Mr Davidar had a personal misunderstanding which had been resolved. She indicated that she never intended to make a formal complaint, that she was withdrawing any such complaint, and that she wanted any mention of it expunged from Mr Davidar's personal record.

Ms Francis, at her request, worked with Mr Davidar for several more months before being promoted to Associate Editor...

David Davidar is happily married. He deeply regrets the trouble visited on his wife. He apologises to her."

Source:http://in.news.yahoo.com

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