Jackie “O” Henderson claims she suffered post traumatic stress disorder from “ongoing bullying” by her co-host Kyle Sandilands.
Documents filed with the Federal Court for her case against KIIS FM station owner ARN, released by the court on Tuesday, contain reference to a medical report which claims Henderson suffered PTSD.
In a sworn statement, Henderson says an “unpredictable and erratic” Sandilands would “belittle or humiliate me”.
“I felt that the constant attacking of my character and putting me down at work by Mr Sandilands was slowly wearing me down … I felt exhausted and like I wanted to give up.
“I felt like this treatment was happening in subtle ways but regularly. It felt like bullying.”
The court filing includes reference to an expert report from Dr Jonathan Phillips.
Dr Phillips “(states) that Ms Henderson is suffering from post-traumatic stress disorder arising as a result of “the ongoing bullying perpetrated by Sandilands”, “the failure of ARN to offer appropriate care and protection” and “the publishing of the Statement through the Australian Stock Exchange (ASX)”.
The affidavit represents Henderson’s first public statements since her and Sandilands’ KIIS FM show capitulated and both hosts separately sued the station.
On air in late February, Sandilands reduced Henderson to tears as he criticised his long-time co-hosts work ethic and commitment.
ARN served Sandilands a notice that his behaviour constituted “serious misconduct” and Henderson notified the company she could no longer work with him.
After ARN terminated Sandilands’ contract, he sued for breach of contract and walked away with a $12m settlement.
ARN terminated Henderson’s contract, she sued for alleged breach of workplace rights and a “misleading” statement to the ASX, from which she seeks “at least $82.25m”.
Henderson’s case is ongoing and this week’s affidavit forms part of her case.
Sandilands is not a party to the lawsuit in which Henderson claims he caused her PTSD, neither is his longtime manager Bruno Bouchet.
Henderson said from about 2023, Sandilands’ tone shifted, from humorous banter to “more pointed” put-downs and “more like they were intended to belittle or humiliate me, and this became more difficult to tolerate over time”.
“I did not know from day to day whether Mr Sandilands and Mr Bouchet would be supportive of me or against me,” Henderson said in the sworn statement.
“Their behaviour was unpredictable and erratic. I often drove to work with a low level sense of anxiety and dread, which caused me to feel worn down over time.
“The cumulative effect was that I felt emotionally unsafe in the workplace, even during periods where the relationship appeared outwardly positive.”
The updated filing from Henderson’s lawyers also includes reference to a letter from Dr Emma Agnew.
“Jackie presents as having experienced a sustained period of psychological distress associated with her reported workplace experiences,” Dr Agnew said.
“The reported pattern of repeated belittling behaviour, which is consistent with behaviours commonly described as workplace bullying, in combination with the public nature of these interactions and the perceived lack of organisational support, appears to have contributed to a decline in her emotional wellbeing.”
The court document released Tuesday includes an amended statement of cross-claim from ARN and its subsidiary, Commonwealth Broadcasting Corporation, which holds the KIIS FM broadcasting licence.
Both ARN and CBC have suffered lost revenue and profits from Henderson’s refusal to accept the terms of her contract, the cross-claim says.
The companies’ lawyer argues the entity Henderson Media – one of the vehicles through which Henderson engaged the radio company – is responsible for Henderson (the person’s) health and safety.
The cross-claim picks apart the details of the contract; the Henderson Broadcast Services Agreement (BSA).
“It was a term of the Henderson BSA that Henderson Media acknowledges and agrees that it is responsible for ensuring the health and safety of Ms Henderson.”
ARN and CBC deny “Ms Henderson has incurred pain, suffering, hurt, humiliation, and distress by reason of a contravention by CBC … of the Fair Work Act”.
But if so, any “such pain, suffering, hurt, humiliation, and distress were caused or contributed to by Henderson Media failing to ensure the health and safety of Ms Henderson”.