I had consensual, flirtatious relationship, says David Davidar

Penguin sacked him last week for alleged sexual harassment

June 22, 2010 02:29 am | Updated 02:29 am IST - Toronto

David Davidar

David Davidar

India-born David Davidar, the former CEO of Penguin International, on Monday claimed that he had a “consensual, flirtatious relationship” with his former colleague Lisa Rundle, dismissing her accusation of sexual harassment.

Mr. Davidar, 52, said the two had offices next to each other at Penguin in the latter part of 2005 and had become friends. Two years later, their friendship had become “flirtatious,” a statement issued by his lawyer Peter A. Downard here said.

Last week, Mr. Davidar said the company had terminated his services in the wake of the sexual harassment suit slapped against him by Ms. Rundle, a former Rights and Contracts Director of Penguin Canada, who demanded $523,000 in damages.

She filed the suit on June 10 in an Ontario Superior Court of Justice, alleging that Mr. Davidar, who was also president of Penguin Canada, sexually harassed her repeatedly over the past three years, culminating in outright assault at the ‘Frankfurt Book Fair' last fall, and that she was fired after complaining to superiors about his “twisted treatment” of her.

Ms. Rundle of Toronto is claiming $423,000 from Penguin for “wrongful” dismissal and the “harsh, vindictive and malicious fashion” with which it allegedly treated her following her complaints against Mr. Davidar.

She is also seeking damages of $100,000 against Mr. Davidar personally.

“David Davidar has not sexually harassed anyone. He has not assaulted anyone. 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,” Mr. Downard said in the statement.

He said that at Ms. Rundle's invitation, Mr. Davidar had played tennis with her. In 2007, he suggested to her that the relationship become “more romantic,” but the woman said she had more than one suitor, he being one among them, and that it would be important to her that any such relationship was not kept a secret.

Accepting the situation, Mr. Davidar wrote to her personal e-mails, read poetry to her and the two exchanged gifts from time to time, the lawyer said.

Mr. Downard said Mr. Davidar and Ms. Rundle “kissed on two occasions.”

“The first was in Ms. Rundle's room during the October 2009 Frankfurt Book Fair referred to in Ms. Rundle's claim. However, contrary to Ms. Rundle's claim, Mr. Davidar did not bully his way into her room nor did he force himself upon her” at the Frankfurt Book Fair in 2009, the lawyer said.

The lawyer said that throughout Ms. Rundle's employment with Penguin she had the opportunity to complain of any alleged sexual harassment by anyone. The company provided an anonymous employee ‘helpline.'

“Despite these resources available to her, it was not until several months after the trip to Frankfurt that Ms. Rundle initiated a complaint of sexual harassment by Mr. Davidar. Mr. Davidar subsequently told Ms. Rundle that her complaint would have no effect on her employment,” the statement said.

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