Court documents have revealed the claims by sacked Super Retail legal boss Rebecca Farrell
The former legal boss of Super Retail is seeking damages and an apology from the retailer, its CEO and chairman, claiming her legal reputation has been tarnished, court documents reveal.
The top brass at Super Retail Group, including its CEO and well-connected chairman, are facing a barrage of inappropriate work allegations, demands for compensation and an apology.
Federal Court documents made public for the first time claim chief executive Anthony Heraghty, chairman Sally Pitkin, director Annabelle Chaplain and another senior executive contravened sections of the Fair Work Act.
The court action is brought by Super Retail’s former chief legal officer Rebecca Farrell, who claims to be a whistleblower who lost her job after raising complaints, thereby suffering a loss of earnings, a tarnished reputation, exposure to investigation, medical fees and general distress.
In an application filed on July 29, Ms Farrell claims the breaches and contraventions, which are described as “serious” in the court documents, have threatened her ability to work in the future as a solicitor, damaged her professional reputation and have left her exposed to regulatory investigation and possible enforcement action.
The former Super Retail chief legal officer is seeking damages, penalties, compensation and exemplary damages, as well as an apology from Mr Heraghty, Ms Pitkin, Ms Chaplain and the company. Ms Farrell is seeking unspecified damages for what the court documents describe as “detrimental conduct” in relation to protected disclosures the former chief legal officer made.
However, large sections of the court document related to a disputed settlement reached in May between Ms Farrell and Super Retail over her termination are blacked out pursuant to a suppression order issued by Federal Court Justice John Halley on Wednesday.
These heavily redacted paragraphs suppress the details around the settlement allegedly reached between Ms Farrell and the company and cover almost a dozen particulars relating to the deal.
The partly redacted originating application under the Fair Work Act, obtained by The Australian, reveals for the first time more details around the workplace harassment and bullying claims swirling around the retailer, whose stores include Supercheap Auto, Rebel, BCF and Macpac.
The court document claims that Super Retail, its CEO, chairman, one board member and Kevin Figueiredo, its head of people and safety, contravened parts of the Fair Work Act and that these were a “serious contraventions” within the meaning of the act.
Ms Farrell was terminated as Super Retail’s most senior legal officer earlier this year and claims to be a whistleblower over a string of inappropriate workplace behaviours at the company, including an alleged affair between CEO Mr Heraghty and its former head of HR, Jane Kelly.
Super Retail has previously denied all the allegations.
In the court document she claims to have “suffered loss and damage because of the said contraventions identified” in the court document as well as contraventions of the Corporations Act.
Ms Farrell is also claiming Super Retail breached her contract and that led to her suffering loss of earnings and entitlements, pursuant short-term and long-term incentive schemes, loss of future earning capacity including as a senior solicitor, exposure to risk of regulatory investigation and/or enforcement action, medical fees and general distress.
She is also claiming damage to her professional reputation, including her professional reputation as a solicitor, and legal fees.
On Wednesday Super Retail gained court approval to have the statement of claim lodged by Ms Farrell suppressed for the time being as the parties battle over the workplace dispute and Ms Farrell’s lawyer’s claims that she had reached a settlement for her termination but that the retailer had not paid her out.
It followed after Ms Farrell on Monday filed proceedings in the Federal Court against the company to enforce an alleged settlement agreement relating to her dismissal claiming she was bullied, harassed and victimised.
That settlement was claimed to have been reached in May, but lawyers for Ms Farrell argued in court on Wednesday the deal had been “repudiated” by Super Retail.
Ms Farrell has filed her case in Federal Court against the company, its chief executive Mr Heraghty and chairman Ms Pitkin to enforce an alleged settlement agreement relating to her dismissal, claiming she was bullied, harassed, victimised and ultimately sacked when she raised “serious corporate governance breaches”.
A statement on Tuesday from workplace law firm Harmers, which is representing several former executives at Super Retail including Ms Farrell, said Ms Farrell would also pursue claims around a conflict of interest by CEO Mr Heraghty for failing to disclose a secret relationship he was having with the then head of HR, Ms Kelly.
Ms Kelly no longer works for Super Retail.
Other allegations made against Super Retail by a number of former executives include excessive workloads, poor record keeping and misuse of travel budgets.
Super Retail revealed the claims in April which the retailer said at the time could mount to $30m to $50m in legal claims and damages.
The case is continuing.
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