Hanson files truth defence in Burston 'sexual harassment' defamation case

Pauline Hanson has hit back at the former One Nation senator Brian Burston, accusing him of unwelcome touching and sexual advances towards his staff, in her defence to his defamation suit.

Burston is suing the One Nation leader for allegations of sexual harassment in social media comments, media interviews and a text to his wife, Rosalyn, in 2019 after an acrimonious split from the party.

In the defence, filed in the federal court on Friday, Hanson argues that her comments were substantially true and are supported by allegations from two of Burston’s former female staffers.

These include allegations Burston told one woman she needed a “good fuck” and offered to come to her house promising “the best fuck you ever had”, and kissed the other woman on the lips and gave her a gift of $100 by placing it between her breasts after she tried to return it.

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Burston told Guardian Australia that he “categorically denies all the allegations of sexual harassment”, adding “that’s just not me”.

Burston, who was elected to the Senate on One Nation’s New South Wales ticket in 2016, fell out with Hanson in mid-2018 after he defied her order to vote against corporate tax cuts.

Burston quit the party, joining Clive Palmer’s United Australia party, which he alleges was the impetus for Hanson’s “malicious” claims against him.

In February 2019, Hanson claimed in the Senate that an unnamed “married senator” had displayed “horrible treatment” to staff and cost Australian taxpayers through unfair dismissal settlements.

“I’m not talking about one or two staff: I’m talking about more than six in this term of parliament,” she alleged.

Hanson posted the speech to Facebook, further alleging that the senator is “now under investigation for serious sexual harassment” – variations of which she repeated in a text to Rosalyn and a March 2019 interview with Channel Nine.

In the text, Hanson said she was “definitely not attracted to [Burston] now or ever”, rejecting his claim she had made unwelcome advances towards him.

In a tumultuous parliamentary sitting week in February 2019, Burston confirmed he was the target of Hanson’s accusation and openly brawled with Hanson’s staffer, James Ashby, resulting in Ashby being temporarily excluded from parliament and Burston apologising for smearing blood on Hanson’s door.

In her filed defence, Hanson denied defamatory imputations were made, claimed the accusations were true, and that she had a duty to inform the public of the alleged harassment.

The defence claimed that Burston hired one office manager because he thought she was attractive.

The defence also claimed that she became distressed during a meeting on 1 May 2018 and Burston allegedly responded by suggesting she “probably just [needs] a good fuck”.

“[Burston] then held [her] face with his hands and said words to the following effect ‘I’m not joking … I can come to your house, no one needs to know … it’ll be the best fuck you ever had’.”

The defence claims Burston described the second staffer as a “good looking Sheila” and a “Miss World”, making her feel uncomfortable in the office.

The defence also alleged that in May 2017 Burston kissed her on the lips and persistently invited her to have lunch with him. After rejecting the invitation numerous times, she allegedly agreed because Burston was her boss. At lunch Burston made comments about the woman’s “sexy” legs, according to Hanson.

The defence claimed that on 22 February 2018, Burston gave that staffer a birthday card with $100, and when she tried to return the money Burston allegedly “returned it to her by putting it down her shirt in between her breasts”. The woman felt “shocked and degraded” by the incident, the document said.

Burston is seeking damages for “substantial hurt, distress, and embarrassment” and aggravated damages for Hanson’s alleged malice and failure to apologise.

Burston told Guardian Australia he had sacked five staff members, including the office manager, for performance management issues that were all “totally appropriate” – and only two of which resulted in unfair dismissal claims. He categorically denied all claims of harassment or mistreatment of staff.

According to Hanson’s defence, the two women made sex discrimination complaints to the Australian Human Rights Commission, claims for workers’ compensation from Comcare, and the office manager made an unfair dismissal claim to the Fair Work Commission.

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Burston said he believed the commonwealth had settled the unfair dismissal claim, while a separate claim from another staffer resulted in his reinstatement and resignation.

Documents provided by Burston show, earlier in September, the AHRC terminated the office manager’s complaint on the basis there was “no reasonable prospect of the matter being settled by conciliation”. Termination leaves her the option of pursuing a federal court case.

Comcare rejected the other woman’s claim for compensation on the basis her injury or illness was caused by a letter from Burston about her work performance.

In the office manager’s case, Burston terminated her employment after what he called an “expletive-laden phone call” that she conceded was “colourful”. The termination was therefore “reasonable management action” and no compensation was payable, Comcare said.