“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.
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In the affidavit, Berczelly said she and Farrell had “had made offers to settle the matter for materially less sums, and any offers made on a joint basis arose solely out of Mr Heraghty insisting that I join Ms Farrell’s mediation on 17 April 2024”.
She also alleged that Super Retail’s ASX statement that the board’s investigation and conclusion that the allegations were unsubstantiated was inaccurate and misleading because she “knew that the board had not investigated a number of the allegations”.
Farrell, who was also company secretary at the retailer, began proceedings after her employment was terminated in May. She says a settlement agreement was reached, and is seeking court orders to force Super Retail to honour their agreement. Otherwise, she is seeking damages, penalties, compensation and an apology from the company, Heraghty, Pitkin and other directors for being allegedly bullied, harassed and sacked from her job after raising complaints of serious corporate governance breaches.
The Australian Securities and Investments Commission (ASIC) confirmed last week it was looking into the matter.
The company’s share price was down nearly 4 per cent in afternoon trading after the conclusion of its annual general meeting and after issuing a trading update that E&P retail analyst Kade Madigan said showed the group’s overall sales had decelerated.
More than 17 per cent of shareholders who voted at the AGM voted against approving the performance rights to Heraghty.
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