Actor Christie Whelan Browne is seeking $2 million in compensation from the theatre company behind The Rocky Horror Show, alleging it failed to protect her from repeated sexual harassment by fellow cast member Craig McLachlan.
Documents released by the Federal Court reveal Whelan Browne, who played the role of Janet in Oldfield Entertainment’s 2014 production of the musical comedy, has asked the court to order the company to pay $1.5 million for general loss and damage and $500,000 for aggravated damages.
Craig McLachlan and Christie Whelan Browne on stage during the Rocky Horror Show.Credit: Angela Wylie
Whelan Browne is also seeking an order that Oldfield Entertainment, headed by prolific theatre producer John Frost, issue an apology, and that the court declare that the company contravened the Sex Discrimination Act.
McLachlan performed the lead role of Frank-N-Furter in the 2014 production of the show. Whelan Browne alleges in a statement of claim, released on Monday, that McLachlan engaged in unwelcome and unscripted acts on stage while hidden from the audience under a bedsheet, including kissing her breasts and lower body.
“McLachlan’s repeated sexual advances and acts of a sexual nature caused her fear and repeated distress,” her lawyers say in the document.
Whelan Browne’s lawyers say Oldfield Entertainment had a duty to provide Whelan Browne with a safe place of work, such as taking all reasonable steps to prevent its employees from engaging in unlawful conduct that contravenes the Sex Discrimination Act, including sexual harassment and victimisation.
She alleges that on one occasion McLachlan “grabbed her by the jaw with his hand, held it tightly and then aggressively (with force) threw her face away” when his character was expected to stroke her face or kiss her cheek gently. He went on to bang his hands together in her face aggressively and glare at her angrily, she alleges.
Christie Whelan Browne is seeking $2 million in compensation.Credit: Nick Moir
The following evening McLachlan came to her dressing room and “demanded that she forgive him for his conduct the night before”, she says, and the crew and most of the cast became cold to her after the alleged incident.
Whelan Browne says she complained to the stage manager that McLachlan was bullying and intimidating her and others on stage and was told: “That is a very serious allegation. You should think about that more carefully before you take it any further.”
She also alleges she had a conversation with Frost in which it was apparent to her that he was aware of the alleged incident in which McLachlan grabbed her jaw on stage.
She claimed Frost said: “I went in to see [McLachlan] and he launched into a story about last night. Are you OK? I can’t believe he’s being like this. We’ve never had any problems with him before.”
She says she cried and told Frost she was scared of McLachlan and he replied: “We can’t have that. If you need me, you can call me.”
Whelan Browne says she did not have Frost’s number and alleges he did not say he would reprimand McLachlan, and took no steps himself or through his senior managers to prevent behaviour of that kind in the future. She was aware that McLachlan and Frost were close, the statement of claim says.
McLachlan has previously denied the alleged conduct.
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The professional musical theatre actor says she has not been offered a job with Oldfield Entertainment since the end of 2014, when Frost called her agent to offer her a role in Anything Goes for $2000 a week, compared with her salary of about $3500 a week on The Rocky Horror Show.
She says Frost told her agent that he did not recommend she take the role “and it was clear to her that Frost no longer had any real interest in having her appear as a female lead (or at all) in production”. Whelen Browne felt that her ability to perform and earn a living in musical theatre, her area of expertise, was “dramatically reduced” after the 2014 show.
The parties are expected to attend mediation in an attempt to resolve the dispute out of court, with a case management hearing listed for December 12.