Jackie 'O' Henderson's best friend and manager, Gemma O'Neill, raised concerns about Kyle Sandilands' alleged behavior towards Henderson five months before an on-air fight led to the end of their long-running radio show. As Henderson prepares to take on former employer ARN in an $82 million Federal Court battle next month, her legal team is seeking access to "all records" relating to the events that preceded the on-air incident.
These records include complaints made by O'Neill in October of the previous year about Sandilands' alleged behavior toward Henderson, which occurred months before their on-air falling out resulted in the termination of both their contracts. Henderson's lawyers are seeking access to "documents created in relation to, or as part of, the investigation conducted by" ARN chief people officer Ros Reeves and content boss Kerri Elstub. They also seek "documents recording the assessment, control measures, and other measures to eliminate or minimise risks to the health and safety of workers at (ARN) created by Mr Sandilands."
Sandilands launched an on-air tirade at his co-host on February 20, prompting Henderson to take several weeks of leave. Subsequently, the show was axed, and both presenters' contracts were terminated. Last week, it was reported that Sandilands would be required to provide text messages and emails exchanged with Henderson as part of her legal action against their former employer. The Australian reported that Sandilands was ordered to produce communications with Henderson, as well as messages and emails concerning her, during the period leading up to ARN ending their breakfast show.
Sandilands has also been subpoenaed to appear as a witness in the case. Henderson is suing ARN for unfair dismissal, alleging the company took unlawful "adverse action" against her after she raised concerns about Sandilands. Sandilands had previously settled his own legal dispute with ARN, reportedly for $12 million, after launching an $85 million lawsuit against the company.
As part of that earlier legal battle, Sandilands provided the Federal Court with a detailed account of the deterioration of his relationship with Henderson. ARN has been granted permission to use this account in defending Henderson's claim. The company has also been granted access to a court-ordered medical examination Henderson underwent with clinical psychologist Dr. Justine Corry, along with material produced in response to a subpoena issued to Dr. Emma Agnew.
Private communications could also become part of the case. Henderson's manager, Gemma O'Neill, and veteran entertainment reporter Peter Ford were subpoenaed to produce documents more than three weeks ago, with ARN expected to seek access to any material they provide to the court. The evidence may shed further light on the breakdown of Henderson and Sandilands' relationship and the circumstances leading to ARN's decision to terminate the breakfast program.
Federal Court proceedings are expected to involve testimony from several key figures, including Sandilands. Last month, an emotional Sandilands revealed he was brought to tears upon learning of Henderson's post-traumatic stress disorder diagnosis. Henderson's PTSD diagnosis was referenced in a medical report prepared by Dr. Jonathan Phillips. Sandilands later expressed disbelief at allegations contained in court documents, stating they bore little resemblance to his recollection of events and had caused him deep hurt.