By Colin Kruger and Jessica Yun
A former senior executive at Rebel Sport owner, Super Retail Group, is alleging the retailer pushed her to the verge of suicide and bankruptcy as punishment for bringing to light allegations of an affair between chief executive Anthony Heraghty and the group’s former HR boss, Jane Kelly.
Amelia Berczelly is one of two former lawyers for the retailer alleging their careers were derailed by the fallout from the affair. The other is former chief legal officer Rebecca Farrell who is also taking legal action against the $4 billion retailer.
Super Retail Group has been accused of serious wrongdoing by its former top two lawyers, Rebecca Farrell (left) and Amelia Berczelly (centre).Credit: James Brickwood
They both allege workplace bullying by senior executives, breaches of the Corporations Act, and a questionable response to whistleblower complaints by board members including chair, Sally Pitkin.
“I believed that SRG (Super Retail), Mr Heraghty and Ms Pitkin wanted to push me to kill myself, destroy my reputation, and bankrupt me as a means to silence me and punish me for being a whistleblower against them and Mr Heraghty’s partner, Jane Kelly,” Berczelly wrote in an affidavit submitted in the Federal Court as part of Farrell’s proceedings against the retailer.
Super Retail, which also operates Supercheap Auto, BCF and Macpac, shocked the market in April when it made an ASX announcement about the impending legal battle along with allegations of the affair, and bullying claims that were expected to form the basis of a $50 million lawsuit.
Berczelly stated in her affidavit that the sudden and unexpected ASX announcement was made without any prior notice, and she believed it was “an act of victimisation taken to scare me for making my reports”.
“When I read the ASX announcement, I was immediately distressed, scared and sickened,” she stated in the affidavit. “I felt that if my identity as one of the employees referred to in the ASX announcement and also as a whistleblower was disclosed to the public, my life and my career would be over.”
Over the following days, Berczelly said her health deteriorated significantly and she began to fear leaving her home or being alone, stating that her brother drove 1.5 hours to her because of her distress at media coverage in The Australian, which reported the company had accused the employees of a “$50 million shakedown” and plotting a “false tryst suit”.
“I spent most of those two days [April 28 and 29] bedridden, had difficulty eating and sleeping, suffered severe panic attacks, kept crying and was contemplating suicide because of SRG’s treatment of me.”
Berczelly’s affidavit was filed as part of Farrell’s legal battle against Super Retail seeking enforcement of a settlement that she says the company agreed to in May. If that fails, Farrell and Berczelly will seek compensation under the Fair Work Act from Super Retail.
Super Retail Group chief executive Anthony Heraghty.Credit: Ben Searcy
In her separate legal battle against Super Retail, Berczelly detailed alleged bullying and intimidation by Heraghty, and attempts by the chair, Pitkin, to remove her from any role overseeing the whistleblower complaints as company secretary.
Documents filed with the Federal Court include allegations that Pitkin in December last year instructed that the company’s whistleblower system be handed over to HR executives reporting to Kelly, who had been the subject of recent whistleblower reports detailing her alleged affair with Heraghty.
One of the whistleblower complaints referred to concerns over a culture of bullying by Kelly and Heraghty, concerns over the alleged affair between pair and questionable expenses, and it referred to the close relationship they both had with Pitkin.
Berczelly also alleges that in early February this year Pitkin directed another employee to delete her email account “which [Berczelly] feared in the circumstances was an intention to delete documents”.
Super Retail chair Sally Pitkin will step down from her role after the annual meeting this month. Credit: Janie Barrett
Berczelly also alleges that Pitkin and Heraghty breached the Corporations Act by refusing to provide signed minutes and board papers from a confidential board meeting on December 15 which she had not been told about.
Berczelly said her role as company secretary became untenable and she commenced a period of sick leave on February 7 this year and did not return. Super Retail terminated her employment May 3.
Super Retail did not comment. It has previously pointed out that the allegations are untested in court.
On June 12, Super Retail’s entire board threatened Farrell and Berczelly with defamation proceedings over a press release issued by Harmers which acts for them both. Super Retail issued another defamation concerns notice on August 28 to Michael Harmer and Harmers Lawyers, six weeks after the first one.
Earlier this week, Justice Michael Lee denied Super Retail’s application to bar Harmers Lawyers from acting for Farrell and Berczelly over alleged conflict concerns arising from the alleged defamation issue.
In her affidavit, Berczelly stated her distress at Super Retail’s threats of defamation and the possibility of losing representation by Harmers, and said she spent more than two months unable to leave the house and suffering from suicidal thoughts.
“From the end of May 2023 through to the first week of August 2024, I spent a large part of that period bedridden, housebound and unable to care for myself or be left alone due to my severe panic attacks, distress, depression and suicidal ideations. I had been so unwell at points during that period that I considered admitting myself to hospital because I was worried that I would kill myself.
“Two of the main contributors to my distress and suicidal ideations were fear of losing Harmers as my lawyers against my will and not having the funds to defend myself against what I believed was a meritless and vexatious defamation claim.”
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