Her lawyers claimed a culture of sexual harassment existed within the company and that it knew of at least three other incidents before Mr McInnes's June 18 resignation, in which he had made unwanted sexual advances towards female employees.
Ms Fraser-Kirk claims when she had complained to the company's public relations general manager, Anne-Maree Kelly, about Mr McInnes, she was told: ''Next time that happens, you just need to be very clear and say, 'No Mark' and he'll back off.''
....Ms Fraser-Kirk claims she was first harassed by Mr McInnes at a lunch hosted by David Jones in May to celebrate its renewal of a contract with horse trainer Gai Waterhouse.
Mr McInnes allegedly urged her to try a dessert, describing it as like ''a f--- in the mouth'' before placing his hand under her clothing and touching her bra strap.
Ms Fraser-Kirk alleges he also repeatedly asked her back to his Bondi home ''with the clear implication that such a visit would be for the purpose of sexual intercourse'', the statement of claim said.
He did so while picking her up in a hug that lifted her feet off the ground, she alleges.
During the second occasion at a function for La Prairie cosmetics at a luxury Rose Bay home, Mr McInnes allegedly twice tried to kiss her on the mouth before placing his hand on her stomach and on the bottom of her bra.
On both occasions, Ms Fraser-Kirk claims she made it clear his advances were unwanted.
The following day she alleges he phoned her to meet him for dinner or a drink before saying, ''I could have had guaranteed sex with that brunette last night [at the party] but I wanted you''.
Mr McInnes had also been involved in sexual misconduct towards other female employees of which the company had turned a blind eye, Ms Fraser-Kirk alleges.
One incident occurred at last year's Caulfield Cup when he allegedly pulled a woman into a ''lingering hug'' and kissed her on her neck. In April, he allegedly asked the same woman at a racing event to touch his trouser pocket, telling her ''it's quite hard down there'' before inviting her back to his home.
Another woman who disclosed Mr McInnes's alleged harassment to other female staff was told that was standard conduct by him.
The statement of claim also alleges that Ms Kelly had been required to deal with another woman's mother over allegations Mr McInnes sexually harassed her.
Such claims are in complete contrast with statements by David Jones chairman Robert Savage in a press conference on the day of Mr McInnes's resignation, that this was the only complaint of which the company was aware against Mr McInnes.
Before he was appointed as chief executive, Mr McInnes had allegedly been reported to his superior for ''his bullying aggression via screaming abusive and foul language'', Ms Fraser-Kirk alleges.
This ''bullying approach'' was later adopted by other managers and had led to a reluctance by staff to raise concerns.