Revealed: Super Retail secret whistleblower who warned board about governance issues

Amelia ­Berczelly can be revealed as the second Super Retail whistleblower, as she claims she informed the board and its external auditor of ‘serious’ corporate governance issues at the ­company.

Whistleblowers Rebecca Farrell and Amelia Berczelly on Wednesday. Picture: NewsWire / Monique Harmer

Former Super Retail Group co-company secretary Amelia ­Berczelly can be revealed as the second whistleblower against retailer Super Retail Group, and who has claimed she informed the Super Retail board and its external auditor of “serious” corporate governance issues at the ­company.

In a major blow to Super Retail, the court ruled late on Wednesday night an initial finding that a suppression order should also be lifted on the details of an alleged settlement agreement reached between two former senior executive whistleblowers and the company.

This could see highly confidential details of the settlement and further allegations of what has gone on inside the business made public, although they remain secret and still redacted as the presiding justice in the case writes and issues his orders.

In a lengthy court hearing in the Federal Court in Sydney before judge Michael Lee on Wednesday, the identity of Ms Berczelly was revealed for the first time as “Whistleblower x”.

Her identity had previously been concealed by a suppression order in the courtroom battle involving allegations of bullying and harassment and claims that Super Retail chief executive Anthony Heraghty had been involved in an alleged affair with the former Super Retail head of human resources Jane Kelly.

Ms Berczelly can now be named as one of two company secretaries of Super Retail that have become whistleblowers against the retailer as they battle their former employer in court over allegations of bullying and harassment.

Super Retail Group chief executive Anthony Heraghty.

The other former company executive taking Super Retail to court is former Super Retail company secretary and chief legal officer Rebecca Farrell.

Ms Berczelly and Ms Farrell walked into the court together on Wednesday flanked by their lawyer, Michael Harmer, of workplace specialist law firm Harmers.

Ms Berczelly also held the position of general manager, group secretariat and corporate legal at Super Retail.

Ms Farrell and Ms Berczelly have also both launched action against Super Retail, the owner of Supercheap Auto, Rebel, Macpac and BCF, in the Fair Work Commission following their dismissal from the company.

Ms Berczelly’s lawyers say she is a key whistleblower who dared to speak up about serious corporate governance issues within Super Retail and that she lodged her first formal whistleblower report with certain members of the Super Retail board and its external auditor in mid-February 2024.

Ms Berczelly’s identity had been suppressed by court order, at her request, consistent with her rights to confidentiality as a whistleblower under the Corporations Act, Harmers said in a statement on Wednesday.

“This was also due to her ill health caused by Super Retail’s treatment of her,” the lawyers added.

“Amelia supports her former co-secretary, Rebecca Farrell, in her brave stand against Super ­Retail.

“Like Rebecca, Amelia is a senior lawyer and is acutely aware of their overarching obligations as officers of the court.”

Meanwhile, Justice Lee was quick within the hearing on Wednesday night – after taking some arguments from lawyers in the court – to rule from the bench that the suppression orders be lifted on the redacted paragraphs of Ms Farrell’s statement of claim to reveal publicly key details of an ­alleged settlement agreement.

However, counsel for Super Retail asked Justice Lee to keep the status quo while it considers an appeal and keep the settlement confidential for now.

Justice Lee will issue his orders in coming days or weeks but until then the alleged settlement agreement contained in the statement of claim will remain confidential.

The case is continuing.

Originally published as Revealed: Super Retail secret whistleblower who warned board about governance issues