Former Super Retail Employees Hospitalised As Court Hearing Proceeds

Super Retail Group is back in the midst of a courtroom battle this week that has engulfed its top executives including CEO Anthony Heraghty and former chair Sally Pitkin. Two former Super Retail employees and whistleblowers who were supposed to be present in court have been hospitalised.

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.

He did not elaborate on 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 Farrell and Berczelly might need to give evidence via a video link due to their hospitalisation and health issues.

Anthony Heraghty, CEO and group managing director of Super Retail Group

The case between Super Retail and its two former executives will run for three days and will see Farrell’s lawyers argue that Super Retail reached a settlement deal with her earlier this year and then failed to uphold the offer, something that Super Retail disputes.

Farrell and Berczelly launched legal action against Super Retail earlier this year claiming workplace bullying and improper workplace behaviour by Heraghty, among other allegations, most of which are believed to stem from a nondisclosure of an alleged sexual relationship between Heraghty and the former head of HR, Jane Kelly.

Among the accusations made against the company’s top executives are inappropriate company travel to further that affair, bullying, victimisation and adverse treatment and unsatisfactory company record management.

The first witness called to testify before the hearing on Tuesday was Michael Harmer, the chairman of Harmers Workplace Lawyers, the firm which is representing both whistleblowers.

Ahead of the latest hearing, Pitkin hired new lawyers to act on her behalf. She is now represented by Arnold Bloch Leibler, while Super Retail and its current executives and directors are retaining the services of law firm Allens.

The hearing will continue this week.