ASIC probes Super Retail Group over whistleblower dispute

The Australian Securities and Investments Commission has launched an investigation into Super Retail Group (ASX:SUL), following allegations made by two whistleblowers who are currently suing the company in a Federal Court workplace dispute.

The whistleblowers, former Super Retail executives Rebecca Farrell and Amelia Berczelly, are represented by Harmers Workplace Lawyers.

They have accused the company of operating in a dysfunctional manner and have made allegations against Super Retail's CEO, Anthony Heraghty, claiming he had a secret affair with the former head of human resources, Jane Kelly.

They have also raised concerns of bullying and victimisation within the company, allegations which Super Retail has denied.

Although ASIC has not officially commented on the matter, sources have confirmed that the regulator is examining various aspects of the case.

A Super Retail spokesperson confirmed that ASIC had requested documents as part of the investigation, adding that the company and its board are fully cooperating.

"The board conducted a thorough review of the allegations and concluded that none were substantiated," the spokesperson said, emphasising that ASIC's request for documents should not be seen as an indication of any legal breach.

Berczelly, formerly a senior corporate counsel and company secretary, filed two whistleblower complaints in February, followed by a joint complaint with Farrell in April.

Their claims allege the company's whistleblower system, Whispli, was compromised to suppress information about the alleged affair between the CEO and the head of HR.

Super Retail recently lost a legal bid to remove Harmers from the case but won the right to appeal the lifting of a suppression order concerning settlement terms with the two former executives.

Farrell's Federal Court case is scheduled to be heard in December.