By Colin Kruger
Rebel Sport owner Super Retail Group has succeeded with its Federal Court application to suppress details of a legal claim by its former top lawyer alleging bullying, harassment and breaches of the Corporations Act.
The matter was heard before Justice John Halley on Wednesday afternoon, with both sides agreeing to give undertakings to not release any details of the redacted statement of claim to any third parties. This is expected to be reviewed when the first case-management hearing has been held.
Former Super Retail Group chief legal officer and company secretary Rebecca Farrell arrives at the Federal Court on Wednesday. Credit: Dominic Lorrimer
On Tuesday, Super Retail’s former chief legal officer and company secretary Rebecca Farrell commenced proceedings in the Federal Court against Super Retail, its chief executive, Anthony Heraghty, and chair Sally Pitkin following the termination of Farrell’s employment in May this year.
Also on Tuesday, it was reported that the parties are in dispute over whether a settlement was reached over the termination of her employment in May.
Harmers Workplace Lawyers issued a public statement on Tuesday saying its client, Farrell, had reached a settlement with the company on May 6.
“She is seeking to enforce that settlement agreement. If the court finds that there is not a settlement agreement, Rebecca will pursue the full extent of her claims,” it said.
“This includes bullying and harassment and claims she was victimised and dismissed after raising serious corporate governance breaches, including a conflict of interest on the part of the CEO by his failure to disclose the nature of his relationship with the then chief human resources officer of the company.”
The claim also says Super Retail breached the Corporations Act, including the whistleblower provisions.
“Rebecca is a whistleblower who exposed serious corporate governance issues within the company. As a practising solicitor, Rebecca has a paramount duty to the administration of justice and, under solicitor practice rules, must avoid any compromise to her integrity and professional independence,” Harmers said.
Harmers previously said current and former employees had approached it about a potential lawsuit against the retail group amid allegations of an undisclosed relationship involving Heraghty, as well as governance and bullying claims.
Super Retail also issued a public statement on Tuesday saying it had received the statement of claim, and it was consistent with the allegations it announced to the ASX in April, save for the fact that only one former employee was now involved.
At that time, Super Retail – which also owns Supercheap Auto, Macpac and BCF – told the ASX that it expected two employees, represented by Harmers, would soon commence court proceedings in a damages claim in the range of $30 to $50 million.
Super Retail Group CEO Anthony Heraghty has been accused of having a relationship with the former head of HR.Credit: Dan Peled
“The group does not accept the claims that are set out in the statement of claim. As previously announced, Super Retail Group will defend these court proceedings in relation to these matters,” the company said this week.
Super Retail is due to announce its full-year results on August 22.
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