ABC unlawfully terminated Antoinette Lattouf, Federal Court finds
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More news: ABC managing director Hugh Marks has apologised to Antoinette Lattouf for the way the broadcaster’s decision to remove her from air was handled.
Marks, in his first public comments since Justice Darryl Rangiah handed down his judgement Wednesday morning, described the outcome as a “failure” that has caused “understandable” concern among the public and staff.
In a statement, he said the ABC remains committed to fostering diversity and inclusion “at all levels of the organisation” and to addressing racism and discriminations, along with accurate and impartial journalism.
The statement, which was released just minutes after being circulated among staff, said the ABC will review its social media guidelines and issue directives to staff on the changes in the coming weeks as a result of the case.
Marks said the obligations of ABC staff to be “independent and impartial” in their work do not change as a result of the case.
What they said: “The values of the ABC must be reflected in how we work. In this case the judge found the correct processes weren’t followed and, consequently, errors were made. We regret how the decision to remove Ms Lattouf from air was handled and the distress occasioned her. We extend our sincere apologies to Ms Lattouf and wish her well in her future endeavours,” Marks said in the statement.
“This matter has caused concerns to be expressed about the ABC’s independence and integrity, which are critical to the great trust the Australian public places in us. Any undue influence or pressure on ABC management or any of its employees must always be guarded against.”
Antoinette Lattouf’s lawyers to seek ‘significant’ penalty from ABC
More news: Antoinette Lattouf’s lawyers at Maurice Blackburn have welcomed the Federal Court’s findings and will push for the ABC to pay a “significant” penalty.
The matter will be heard again to decide whether the ABC will have to pay any pecuniary penalty, on top of the $70,000 the broadcaster has been ordered to pay Lattouf in compensation.
What they said: “The ABC has fought every step of the way, spending more than $1 million of taxpayer’s money. Antoinette Lattouf offered to settle the case for $85,000 in August 2024, but the ABC rejected the offer,” said Josh Bornstein, Lattouf’s lawyer and head of employment law at Maurice Blackburn.
“When organisations capitulate to bad faith complaints against staff, the results are often perverse. The ABC claimed that it sacked our client because she highlighted a Human Rights Watch report that was already being reported on by the ABC.
“The Federal Court will hold a hearing to determine whether the ABC will face penalties for its unlawful conduct. We will ask the court for a significant penalty in order to deter the ABC from repeating its illegal conduct in the future.”
ABC unlawfully terminated Antoinette Lattouf, Federal Court finds
The news: Antoinette Lattouf has won her unlawful termination case against the ABC in the Federal Court, which found that she was dismissed for holding political opinions in opposition to Israel's military campaign in Gaza.
The details: Federal Court Justice Darryl Rangiah, in his judgement on Wednesday, ordered the ABC to pay Lattouf $70,000 in non-economic losses, bringing to an end a protracted and public legal dispute that has cost the broadcaster in excess of $1 million in legal fees.
Lattouf launched an unlawful termination case in the federal court after the Fair Work Commission in June last year found she was sacked by the ABC when it cut short a five-day casual radio hosting stint in late 2023.
Lattouf’s casual employment was cut short after she posted to social media about a Human Rights Watch report previously covered by the ABC which management was concerned would cast doubt over her impartiality.
Lattouf argued that the decision was motivated by her race and national extraction.
The ABC argued that it did not terminate Lattouf but instead exercised its contractual right not to require her to work the final two shifts agreed.
Justice Rangiah found that the decision was made by the ABC’s former chief content director, Chris Oliver-Taylor, in order to appease pro-Israel lobbyists expected to escalate complaints about a presenter “they perceive to have anti-semitic and anti-Israel opinions”.
The source: Federal Court hearing
