Davidar had consensual relationship with Rundle: Lawyer (Night Lead)

TORONTO/NEW DELHI - David Davidar, former chief of Penguin-Canada, who was forced to leave his job following charges of sexual harassment, reportedly had a “consensual flirtatious relationship” with his colleague Lisa Rundle, who in turn has accused him of harassing her with a flood of “inappropriate e-mails and text messages” and behaviour, they said in separate statements Monday.

Davidar was forced to quit earlier this month following allegations of sexual harassment by Rundle who filed a $523,000 lawsuit against Penguin claiming she had been sexually harassed by Davidar for three years followed by an outright assault by the former CEO at the Frankfurt Book Fair.

“David Davidar has not sexually harassed anyone and has not assaulted anyone… He deeply regrets the hurt this has caused his wife,” said the statement by Peter A. Downard of Fasken Martineau DuMoulin LLP, a leading Toronto-based law firm that has been engaged as litigation counsel on behalf of Davidar.

Explaining the nature of the relationship, Downard said: “Commencing in late 2005, Davidar and Lisa Rundle (the former director of digital publishing and foreign rights at Penguin-Canada) had offices next to each other at Penguin. They became friends. At work, Davidar and Ms Rundle spent significant time in each other’s offices.

At Rundle’s invitation, Davidar played tennis with her at her tennis club. They went to a tennis tournament together. They attended the theatre together. They had lunches in restaurant together. Davidar came to think of Rundle as his closest friend and confidante at work.”

In 2007, their friendship became flirtatious, the statement said.

“…Davidar wrote Rundle personal emails, read poetry to her and they exchanged gifts from time to time. Throughout this friendship, Davidar would ask Rundle if she liked the attention he was paying her and she indicated she did,” it said.

Davidar’s counsel said “the former Penguin-Canada CEO and Davidar kissed on two occasions”.

“The first was in Rundle’s room during the October 2008 Frankfurt Book Fair referred to in Rundle’s claim. However, contrary to Rundle’s claim, Davidar did not bully his way into her room nor did he force himself upon her,” the statement said.

Davidar and Rundle spent two days in Frankfurt. Following the Frankfurt trip, Davidar travelled to India on business. “While Davidar was there (in India), his father became critically ill. Davidar extended his trip to be with his father in his final days.”

Davidar returned to Toronto after his father’s funeral before the Christmas of 2009.

Later in January 2010, Rundle requested a pay increase.

“Davidar reminded her that her salaries at Penguin were frozen. However, he offered her the role of director of digital publishing and foreign rights. This justified a pay increase of $10,000,” Downard’s statement said.

In February 2010, Davidar “took stock of his life”, saddened by his father’s death.

“He felt that he could no longer continue his personal friendship with Rundle,” the statement said.

He told Rundle that “their relationship should be confined to business”.

Davidar’s counsel said “throughout Rundle’s employment with Penguin from 2005 to 2010, she was treated fairly, receiving regular promotions, salary increases and successful assessment. Davidar was at pains to remind her from time to time that no matter what happened between them on the personal front, Rundle’s professional career with Penguin would never suffer.”

Davidar’s counsel said “in the wake of media publicity over Rundle’s claim, Rundle’s counsel had issued a media statement regarding Samantha Francis, a former Penguin employee, who had allegedly complained of similar harassment and withdrew it later”.

Samantha Francis was Davidar’s executive assistant in 2006 and 2007. Davidar had allegedly engaged in flirtatious banter with her for a short period of time. He did not engage in conduct towards Francis that he knew or should have known was unwelcome, the statement said.

The communique ended saying “he was happily married” and “deeply regrets the trouble that has been visited on his wife in recent days. He apologises to her.”

Rundle, in a statement by her lawyer, published in the media, said: “Commencing in early 2007, Davidar began his sexual harassment of Lisa…. He later told (her) he had looked down at her during a meeting between Penguin and Pearson and that the magic had just ‘happened’ from that moment forward.”

The statement added: “…throughout the period of harassment, Davidar was sending Lisa inappropriate e-mails and text messages. Commencing in late 2009, she began to retain some of the messages. (They) included Davidar e-mailing Lisa on or about October 21, 2009, that he could ‘do very little except think of’ her which was ‘seriously annoying’; sending her a Hindi/ Urdu love song in or about October 23, 2009, in which he asked her not to embarrass him by asking around for a translation, when the song indicated ‘My heart, this love of mine, become yours now’.”

“Davidar would send text messages to Lisa repeatedly. For example, on May 19, 2009, Davidar indicated that ‘it took all (his) self-control to stop (him)self from getting up and kissing (her) scars’ (Rundle had fallen), adding that he thought she was ‘utterly gorgeous’ and he ‘drank (her) in hungrily’.

“On some occasions, Davidar would punish her by refusing to speak with her and would exclude her from regular business conversations. Davidar would also, at various times, engage in pouting, refusing to deal with her, and would attempt to isolate her from her co-workers,” the statement said.

“Davidar’s harassment intensified to a degree where on several occasions throughout 2008, he would call Lisa’s cellular telephone and advise her that he was outside her home late in the night, and would beg her to let him in. She would not agree, with the result that the situation at work the following day would be even more toxic,” the statement said.