A former senior executive at Rebel Sport owner, Super Retail Group, is alleging the retailer pushed her to the verge of suicide and bankruptcy as punishment for bringing to light allegations of an affair between chief executive Anthony Heraghty and the group’s former HR boss, Jane Kelly.
Amelia Berczelly is one of two former lawyers for the retailer alleging their careers were derailed by the fallout from the affair. The other is former chief legal officer Rebecca Farrell who is also taking legal action against the $4 billion retailer.
They both allege workplace bullying by senior executives, breaches of the Corporations Act, and a questionable response to whistleblower complaints by board members including chair, Sally Pitkin.
“I believed that SRG (Super Retail), Mr Heraghty and Ms Pitkin wanted to push me to kill myself, destroy my reputation, and bankrupt me as a means to silence me and punish me for being a whistleblower against them and Mr Heraghty’s partner, Jane Kelly,” Berczelly wrote in an affidavit submitted in the Federal Court as part of Farrell’s proceedings against the retailer.
Super Retail, which also operates Supercheap Auto, BCF and Macpac, shocked the market in April when it made an ASX announcement about the impending legal battle along with allegations of the affair, and bullying claims that were expected to form the basis of a $50 million lawsuit.
Berczelly stated in her affidavit that the sudden and unexpected ASX announcement was made without any prior notice, and she believed it was “an act of victimisation taken to scare me for making my reports”.
“When I read the ASX announcement, I was immediately distressed, scared and sickened,” she stated in the affidavit. “I felt that if my identity as one of the employees referred to in the ASX announcement and also as a whistleblower was disclosed to the public, my life and my career would be over.”
Over the following days, Berczelly said her health deteriorated significantly and she began to fear leaving her home or being alone, stating that her brother drove 1.5 hours to her because of her distress at media coverage in The Australian, which reported the company had accused the employees of a “$50 million shakedown” and plotting a “false tryst suit”.
“I spent most of those two days [April 28 and 29] bedridden, had difficulty eating and sleeping, suffered severe panic attacks, kept crying and was contemplating suicide because of SRG’s treatment of me.”