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Australia Manager sues Sussan over Kylie Minogue impersonator 'humiliation'

04:20  12 february  2020
04:20  12 february  2020 Source:   theage.com.au

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A man who says he was coerced into dancing with a Kylie Minogue impersonator in front of his work colleagues is suing his former employer for $800,000 claiming the incident caused him “nervous shock and psychological injury”.

Ian Richard Billington, 47, a former business manager at clothing label Sussan, went to a national conference in Victoria's west that featured a Kylie Minogue impersonator performing at the company's awards ceremony in August 2015.

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During the ceremony the impersonator called Mr Billington on stage twice. On the second request, Mr Billington alleges, he was either coerced with "woo-hoos" or physically impelled to go on stage despite making it clear he didn’t want to.

Court documents detail that once on stage at the Novotel Forest Resort in Creswick, Mr Billing was “asked deeply personal and humiliating questions by the impersonator” including his marital status, and about the “presence of his wife (the applicant being in a homosexual relationship)”.

Mr Billington alleges he was then asked “whether he liked to wear leather hotpants" and "directed to go backstage and be dressed by a female dancer in clothing that was humiliating and belittling. He then returned to the stage where he was required to dance and sing".

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“As a result of the said injuries the plaintiff has since only been able to work over the phone with limited face-to-face contact working a maximum of 18 hours a week,” his claim says.

Since then he claims the experience has caused him panic attacks, agoraphobia, memory and concentration impairment, sleep disturbance, tremors and shakes, "tics and twitches" and anger.

Mr Billington is asking the County Court to award him special damages just shy of $800,000 for lost past and future income.

But, in June and July of 2019, Mr Billington attempted to change his statement of claim to include injuries resulting from the alleged conduct of Sussan’s employees during the incident, claiming Sussan was responsible for battery by its employees and for aiding and abetting that battery.

The amended claim states that, immediately before going on stage, Mr Billington “was pulled and pushed from the edge of the dance floor across it until he was about a metre from the edge of the stage adjacent to the dance floor”.

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“The pulling and pushing on [Mr Billington] ... was with such force that had he struggled to free himself [and] believed there was a real risk of physical injury to himself or others in an ensuing confrontation and the batteries were thereby physically threatening to him.”

“The cheering was in the form of woo-hoos and other such sounds of encouragement to those pulling and pushing [Mr Billington] and constituted further threatening behaviour to the plaintiff by emphasising he should not physically struggle against those propelling him to the stage.”

County Court Judge Kathryn Kings denied the amendment, and three judges on the Victorian Court of Appeal refused his application for leave to appeal her decision.

Mr Billington alleges he suffered the injuries as a consequence of Sussan's negligence, or alternatively, as a consequence of the breach by Sussan of its obligations to Mr Billington to provide a safe working environment.

In a defence filed in the County Court, Sussan rejected Mr Billigton's assertions, saying he got on stage of his own volition and to the extent that he may have been compelled, it was not reasonably foreseeable that he would suffer a psychiatric illness.

The matter is listed for a directions hearing on March 5.

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