Two sacked Super Retail execs in hospital as workplace hearing starts in court
Two sacked Super Retail executives who made allegations about improper workplace behaviour at the retail giant are in hospital, a court has been told as the case begins.
The two former Super Retail executives and whistleblowers who made allegations of workplace bullying and an illicit sexual relationship between the CEO and former head of human resources have been hospitalised, a court was told.
Shane Prince SC, counsel for former Super Retail chief legal officer Rebecca Farrell, and former co-company secretary Amelia Berczelly, told the Federal Court on Tuesday the women were recuperating but being in hospital could make it difficult for them to give evidence in the case.
Mr Prince did not describe to the court the reason for the hospitalisation but sources close to the parties told The Australian it was stress-related.
Federal Court Justice Michael Lee was told Ms Farrell and Ms Berczelly might need to give evidence via a video link due to their hospitalisation and health issues.
In October the court was told the former executives were unemployed, with Ms Berczelly not receiving an income since February as the two battled the retailer in a workplace harassment lawsuit.
The first witness called to testify before the hearing on Tuesday is Michael Harmer, the chairman of Harmers Workplace Lawyers, the firm which is representing both whistleblowers.
The case between Super Retail and its two former most senior female executives will run for three days and will see Ms Farrell’s lawyers argue that Super Retail made a settlement deal with her earlier this year and then reneged on the offer.
Super Retail has denied any offer was made to settle the workplace issue with Ms Farrell.
Ms Farrell and Ms Berczelly launched legal action against Super Retail earlier this year claiming workplace bullying, improper workplace behaviour by the chief executive Anthony Heraghty, as well as other senior executives and directors including former Super Retail chair Sally Pitkin.
The former executives turned whistleblowers alleged in court documents that Mr Heraghty had carried on an illicit and undisclosed affair with the former head of HR, Jane Kelly, and that company travel budget funds were used to further that relationship.
Super Retail has denied all the allegations, including the claim of an illicit relationship between the CEO and Ms Kelly.
In October, there was an attempt by Super Retail’s lawyers to close the court as the hearings would discuss some documents and events that have been suppressed by the court in a previous ruling.
Justice Lee dismissed that application, advising the lawyers he would not close the court.
The hearing continues.
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