Ayten Saridas sues Harmers lawyers over failure to deem her a whistleblower in Oil Search action
Oil and gas executive Ayten Saridas is suing Harmers Workplace Lawyers, alleging the firm failed to advise her she was a whistleblower when she sued her former employer.
Oil and gas executive Ayten Saridas is suing Harmers Workplace Lawyers, alleging the firm failed to advise her she was a whistleblower which cost her protective rights and damages in a claim brought against her former employer, Oil Search.
Ms Saridas settled a separate court case she brought against Oil Search, now owned by Santos, in July last year that ended a tense dispute centering on claims she was bullied by ex-managing director Keiran Wulff before she quit as chief financial officer after three months.
Now, it can be revealed the former energy executive is suing Harmers Workplace Lawyers, who Ms Saridas originally sought advice from.
She signed a deed of release with Oil Search when she quit after taking Harmers’ advice, but argued had the law firm advised that she was a whistleblower with protections under the law, she could have “retained the right to pursue Oil Search for damages”, the NSW Supreme Court heard on Thursday.
As well, the court heard “had (Ms Saridas) received proper advice she would not have entered the deed of release and or not left the employ of Oil Search”.
Harmers denies the allegations made by Ms Saridas, and says despite receiving whistleblower advice (which she contests), Ms Saridas elected to enter into the deed with Oil Search.
Ms Saridas wished to leave Oil Search as a matter of priority, and did not suffer any net financial loss as a result of entering into the deed, it is understood.
Ms Saridas’s case returned to court so her current lawyer Michael Gillis could seek permission to use evidence, including affidavits, originally tendered in the Oil Search matter in the Harmers case.
Without permission, Ms Saridas’s lawyer could breach the so-called Harman undertaking governing the use of documents.
After her case was settled, Ms Saridas told The Australian the fight had taken a toll.
“I’ve been at this for three years, it’s affected me, mentally, financially, emotionally, it’s affected my relationship with my family,” she said.
“This has been tough going for me for three years.”
Harmers, whose founder and chairman is Michael Harmer, is also representing litigants in other high profile workplace disputes including former Super Retail executives and whistleblowers Rebecca Farrell and Amelia Berczelly.
The female executives alleged they were harassed, bullied and that poor corporate governance plagued the retailer, whose chains include Rebel, Supercheap Auto and BCF.
The details of an alleged settlement offer made to the pair remain suppressed by the Federal Court; their case is on track to be heard in 2026.
Harmers, which has specialised in industrial disputes for about 20 years, are also representing former TechnologyOne regional sales manager Behnam Roohizadegan who is suing the Australian start up and its founder Adrian di Marco.
Ms Saridas’s new legal team argued in court she made eligible disclosures under whistleblowing protections and had “reasonable grounds to suspect misconduct relating to Oil Search, her employer”.
“With the involvement of Harmers a deed of release was engaged,” the court heard.
“(Harmers) breached its duties providing that legal advice.”
It is unclear specifically what misconduct Ms Saridas has alleged took place that could have fallen under the protections, and the NSW Supreme Court has refused access to pleadings in the Harmers case.
But it is likely related to her attempts to raise concerns about Oil Search’s financial issues and possible “misleading” statements made to the market.
During last year’s trial, Ms Saridas’s barrister told the court his client made a total of 10 pleaded disclosures to the company which should have been made under the whistleblower provisions in the Corporations Act.
Ms Saridas first lodged her case in November 2021, alleging she was subjected to “bullying, intimidatory conduct, both physical and psychological, harassment, belittlement and disrespectful conduct at the hands” of Dr Wulff and outgoing CFO Stephen Gardiner. Dr Wulff and Mr Gardiner deny the claims.
Dr Wulff resigned abruptly in July 2021.
Ms Saridas previously alleged Oil Search breached her deed of release by disparaging her in 2021 when market analysts heard rumours that she was sacked due to “poor performance” and when another Oil Search employee claimed she was fired due to “incompetence”.
She said she was passed over for fresh job opportunities and suffered economic loss in lost wages and shares in incentive schemes.
Ms Saridas declined to comment for the story.
More Coverage
Billionaires sued by private chef for unpaid wages, missed Ibiza trip
From having to walk the dog or fly to Spain at short notice, court claims by a chef suing hedge fund billionaire Greg Coffey and wife Ania for unpaid overtime shed light on the secretive world of staffers to the mega rich.
TechOne director denies quitting after ‘row’ with top exec
A UK-based executive of TechnologyOne who resigned from his role after a few months has rejected claims it was after a ‘row’ with the company’s Brisbane-based chief operating officer.