ASIC investigating Super Retail over its courtroom battle with two whistleblowers
The corporate regulator is investigating the owner of retail chains Supercheap Auto, Rebel and BCF over its courtroom battle with two former executives turned whistleblowers.
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The corporate regulator has opened an investigation into Super Retail Group’s actions over the treatment of two former high-profile executives-turned-whistleblowers, which has developed into a courtroom battle and cost millions.
A spokesman for Super Retail, which owns retail chains Supercheap Auto, Rebel, BCF and Macpac, said that the Australian Securities & Investments Commission had requested that Super Retail provide it with “documents as part of an investigation”.
“Super Retail and its board are treating these matters seriously and will co-operate fully,” the spokesman said.
“As outlined in the Super Retail Group announcement to the Australian Securities Exchange on 26 April 2024, the board has conducted a review and investigations into allegations raised in the workplace litigation issue.
“The board was supported by independent external advisers. The board’s review and investigations concluded that none of the allegations are substantiated.
“ASIC notified the company that the request for documents should not be construed as an indication that a contravention of the law has occurred, nor should it be considered a reflection upon any person or entity.”
In April, it was revealed that Super Retail is facing a string of allegations from a number of former employees concerning bullying and harassment and claims that chief executive Anthony Heraghty was having an affair with the head of human resources, Jane Kelly.
There were also allegations of the misuse of the company travel budget to further that affair, and that senior executives and board members at Super Retail had intervened to suppress anonymous whistleblower complaints about the goings-on at the company.
Super Retail has denied all the allegations.
It was soon revealed that former Super Retail chief legal officer Rebecca Farrell and former co-company secretary, Amelia Berczelly, had made the complaints and were seeking whistleblower protections and legal rights as set out by the Corporations Act.
Ms Farrell and Ms Berczelly are now facing off against Super Retail in the Federal Court. According to documents filed as part of the case, Ms Berczelly made two whistleblower complaints in February under the Corporations Act to a number of Super Retail directors including Annabelle Chaplain, incoming chairman Judith Swales, Penny Winn and Mark O’Hare. Ms Berczelly and Ms Farrell later made whistleblower complaints to the same group of directors, the court documents claim.
Other court documents made public as part of the case reveal that Super Retail’s whistleblower system was allegedly “significantly compromised” by its chairman Sally Pitkin and another unnamed board member to suppress staff complaints of the alleged affair between the CEO and human resources boss, which also saw emails and board minutes deleted, new court documents claim.
A concise statement of claim by Ms Berczelly also claims that Super Retail CEO Mr Heraghty on more than one occasion attempted to “bully, intimidate and coerce” her into amending the minutes of a December board meeting and a related board paper.
Ms Berczelly feared that certain executives had been replaced, and their duties changed, to suppress whistleblower reports of the affair between the CEO and the human resources boss, court documents claim.
“In or around early February 2024, the Applicant (Ms Berczelly) was informed that the chair (Ms Pitkin) had directed another employee to arrange the deletion of her Super Retail email account, which the Applicant feared in the circumstances was an intention to delete documents, and which she considered (together with her other compliance-related concerns) meant it was untenable for her to remain as Company Secretary and corporate counsel,” the court documents claim.
Originally published as ASIC investigating Super Retail over its courtroom battle with two whistleblowers
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