ABC managing director Hugh Marks has responded to the Federal Court findings that the public broadcaster acted improperly in its decision to terminate Antoinette Lattouf’s employment following a social media post.
In a statement, Marks said the ABC acknowledges Federal Court decision.
“Despite the Corporation’s best efforts, the matter was not able to be resolved before Court proceedings, which is regrettable.
“Regardless of the outcome today, it’s clear the matter was not handled in line with our values and expectations. We also let down our staff and audiences, and this failure has caused understandable concern among the public and inside the organisation.
“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.
“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.
“Concerns were also raised about the ABC’s handling of race and political views. I wish to emphasise the ABC’s absolute commitment to fostering diversity and inclusion at all levels of the organisation, to addressing racism and discrimination of all kinds, and to accurate and impartial journalism.
“Due to confusion expressed about the Personal Use of Social Media Guidelines, which was canvassed during the case, these have been reviewed and will be replaced with new Public Comment Guidelines. We will talk more this about in coming weeks.
“I wish to stress the particular and fundamental obligations the ABC and its employees have to be independent and impartial in our work to ensure we continue to earn the trust of all Australians. Those obligations don’t change as a result of this decision.
Marks concluded: “There’s much to consider in the decision and we’ll now carefully review it.”
Earlier today, Justice Darryl Rangiah found that the ABC unlawfully terminated Lattouf’s employment in December 2023, in part due to her political views regarding the war in Gaza.
“I have found that the ABC contravened section 772(1) of the Fair Work Act by terminating Ms Lattouf’s employment for reasons including her political opinions opposing the Israeli military campaign in Gaza,” Justice Rangiah said.
Addressing the social media post that triggered the dispute, he noted that ABC Head of Radio Chris Oliver-Taylor was aware Lattouf had not been directed to avoid commentary on the conflict.
The court dismissed claims that race or national extraction were factors in the ABC’s decision. Lattouf was awarded $70,000 in compensation for non-economic loss.
See also: Federal Court finds ABC acted improperly in firing Antoinette Lattouf
Top image: Hugh Marks and Antoinette Lattouf