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Anthony Heraghty, the chief executive of Super Retail Group, has been sacked for misleading the company about an alleged relationship that has plunged the ASX business into a multimillion-dollar legal battle with its former top lawyers.
In a statement to the ASX, the company said Heraghty had been terminated with immediate effect for misleading the company about the nature of his relationship with the company’s former head of human resources. Super Retail’s board of directors have also chosen to slash Heraghty’s bonuses that include unvested incentives and vested but unexercised rights.
Super Retail Group chief executive Anthony Heraghty has been terminated, a year and a half after two former top lawyers brought a legal battle alleging bullying and an undisclosed relationship.Credit: Dan Peled
“The board made this decision after receiving new information from Mr Heraghty regarding his relationship with the company’s former Chief Human Resources Officer,” stated the company that operates Rebel Sport, BCF, and Supercheap Auto.
“In light of this new information, the Board has concluded Mr Heraghty’s prior disclosures were not satisfactory.”
Last year, Super Retail’s former chief legal officer Rebecca Farrell and former company secretary Amelia Berczelly launched separate legal actions against their previous employer for allegedly punishing them for trying to bring to light allegations about Heraghty having a relationship with Jane Kelly, the human resources boss at the time, and the inappropriate use of company funds to further the relationship.
In their Federal Court documents, the lawyers claim this cascaded into workplace bullying by senior executives, breaches of the Corporations Act, and a questionable response to whistleblower complaints by board members including chair Sally Pitkin, who departed the board in October last year.
Former Super Retail executives Rebecca Farrell (left) and Amelia Berczelly (centre), pictured in August 2024, are suing the company.Credit: James Brickwood
The board of Super Retail, which in April 2024 made the highly unusual move of notifying the market of impending legal action before any had been launched, dismissed the allegations at the time.
“The board has conducted a review and investigations into these allegations,” the company said last year. “The board was supported by independent external advisers. The board’s review and investigations concluded that none of the allegations are substantiated.”
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However, Super Retail’s statement on Tuesday morning indicated it may reconsider its position in the Federal Court cases, for which it has set aside $11.3 million.
The board will “carefully consider” the implications of the new revelation and for “any related matters”.
Chief financial officer David Burns will take over as interim chief executive while the company conducts a search for a new CEO.
Super Retail’s share price plummeted around 7 per cent at the opening of Tuesday’s session.
“Clearly, new information has come to light,” said E&P retail analyst Kade Madigan. “However, we are surprised around the timing, given how long it has been since these investigations were initiated.”
Heraghty has been accused of misusing company funds to further the undisclosed relationship and of screaming at staff. Farrell’s court documents allege he was so visibly angry at a managerial meeting that he was spitting.
“If you’re not on the bus, then get off and go. You’re not welcome here,” Heraghty is alleged to have told an executive team meeting convened to discuss the results of an internal Pulse survey conducted by Culture Amp in October 2023.
Amelia Berczelly said she believed the company, Heraghty, and chair 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”, she stated in an affidavit submitted to the Federal Court as part of Farrell’s proceedings.
More to come
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