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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 chief executive.
Super Retail’s share price closed 4.3 per cent lower on Tuesday to $16.52.
“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.”
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A Super Retail Group employee had been so concerned about how whistleblower complaints were handled that they made an emergency disclosure to Assistant Treasurer Stephen Jones. This led to corporate cop ASIC demanding that Super Retail staff attend compulsory interrogations about how the matter was handled.
The company has said in the past that its staff are encouraged to speak up about safety and ethical concerns, and that it is committed to safeguarding employees’ health, safety and wellbeing.
“Super Retail Group places a strong emphasis on preventing and addressing serious misconduct, including sexual harassment, bullying, discrimination, victimisation, and other forms of harassment,” its 2025 Responsible Business report said.
“No person may victimise or cause detriment to someone else [or threaten to do so] because of a belief that someone has, will or could ‘speak up’.”
In an affidavit submitted to the Federal Court as part of Farrell’s proceedings, 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”.
Australian Shareholders’ Association chief executive Rachel Waterhouse said the lapsing of Heragthy’s bonuses was aligned with shareholder interests, but more questions needed to be answered.
“Shareholders will want clarity on what investigation has been undertaken, why these issues have only come to light now, and how the board is strengthening governance and oversight,” she said.
“The upcoming AGM [on October 23] will be an important opportunity for investors to seek answers and to understand how the board intends to ensure the right culture and leadership are in place going forward.”
The appointment of chief financial officer David Burns to interim chief executive was “prudent”, said Citi analyst Samuel Knock, but he also expects the company to look externally.
“We believe internal contenders for the role will include Mr Burns, Benjamin Ward [managing director of Supercheap Auto], Gary Williams [managing director of Rebel], and Paul Bradshaw [managing director of BCF],” Knock said in a note to clients.
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