The Federal Court has found the ABC acted improperly in its decision to terminate Antoinette Lattouf’s employment at the broadcaster following a social media post.
Justice Darryl Rangiah found that the ABC unlawfully terminated Antoinette 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 Oliver Taylor was aware Lattouf had not been directed to avoid commentary on the conflict.
However, 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.
Background
The case stemmed from a short-term contract Lattouf held to host the ABC Sydney Mornings radio program in December 2023.
After commencing her role on Monday 18 December, she reposted a Human Rights Watch social media post on Tuesday that alleged the Israeli military was using starvation as a weapon of war in Gaza.
The ABC informed her the next day that she would not be required to present the final two days of her scheduled five-day stint.
Lattouf launched legal proceedings alleging unlawful termination, arguing the ABC dismissed her because of her political views and race.
She also claimed the broadcaster had breached provisions of its enterprise agreement regarding termination procedures.
The ABC rejected the allegations, maintaining that her engagement was not terminated but concluded as scheduled by “effluxion of time.”
The Fair Work Commission had earlier determined Lattouf had been dismissed, allowing the matter to proceed to the Federal Court.
The legal costs for the ABC have exceeded $1 million, and the case has attracted industry-wide attention for its implications on editorial independence, employment protections, and the responsibilities of publicly funded media organisations.