ABC acting managing director Melanie Kleyn confirms $1.1m taxpayer spend on Antoinette Lattouf dismissal case

The ABC has revealed the eye-watering figure the national broadcaster has spent defending an illegal dismissal claim filed by a former presenter.

The ABC has spent $1.1m of taxpayer funds on defending a racial discrimination lawsuit brought by ousted radio presenter Antoinette Lattouf.

Fronting senate estimates on Tuesday, acting managing director Melanie Kleyn confirmed the eye-watering figure, which covers external legal counsel.

Asked by Greens senator Mehreen Faruqi whether the broadcaster “regretted” not complying with Lattouf’s initial ask of $85,000 in compensation, a public apology and reinstatement prior to launching legal action, Ms Kleyn said the broadcaster, which maintains it did not act unlawfully in dismissing Ms Lattouf, would have rather have settled the case outside of court.

“If you’re asking me, would the ABC have preferred not to spend $1.1m (on the case), the answer to that is yes,” she told the committee.

“That’s why we have attempted to settle the matter on a number of occasions.”

Antoinette Lattouf has claimed she was unlawfully dismissed from the national broadcaster after she shared a social media post about the Gaza War. Picture: NewsWire/ Gaye Gerard

While Ms Klyne said she was “unsure” of the total legal costs which would be incurred by the lawsuit, which could result in the payment of damages to Lattouf, she repeatedly maintained the ABC did not act against employment laws.

“I would like to highlight the ABC has tried on multiple occasions to settle the matter on a commercial basis without admission of liability,” she said.

“The ABC maintains it did not terminate Ms Lattouf’s one-week casual contact unlawfully, but we do obviously understand that this is an impost on public funds and this is why we have tried to attempt to settle the matter.”

The ABC’s managing director David Anderson did not appear before the committee because he was on “accrued leave”.

Lattouf was sacked by the public broadcaster three days into her five-day stint fronting radio program Sydney Mornings in December 2023 over claims her posts on the Israel-Gaza conflict breached editorial policy.

The ABC claims she was not dismissed, as she was on a casual contract, and paid for her final two shifts.

Ms Kleyn declined to answer several questions posed by Liberal senator Sarah Henderson stating the “matters were before the court”.

While Ms Kleyn denied that management handled Ms Lattouf’s exit from the ABC “poorly,” she said the broadcaster would “continue to reflect on this matter,” and said “we will learn what we can”.

“The process is still before the courts. We defend our position that we did not unlawfully terminate a casual contract, and we will wait to see how this unfolds, and we will continue to reflect and learn,” she said.

The ABC acting managing director and chief financial officer Melanie Kleyn confirmed the ABC had spent $1.1m on the unfair dismissal case launched by Antoinette Lattouf. Picture: NewsWire/ Martin Ollman

ABC people officer Deena Amorelli also confirmed hiring managers did not screen Ms Lattouf’s social media accounts prior to giving her the casual shifts, stating it was not part of the “reference checking and the interview process”.

Following questioning by Senator Henderson, who is the Coalition’s education spokeswoman, Ms Amorelli said it was not a “mistake” in processes.

“I don’t know that the human resource effort that is required to canvas an individual’s social media profile is something that we would look at including in our recruitment processes,” she said.

The ABC has also acknowledged it should not have attempted to question Ms Lattouf’s “Lebanese, Arab, or Middle Eastern” race in a legal argument which was later withdrawn.

Ms Amorelli conceded the arguments “should never have been made in the first place,” and said the organisation “regretted” that it took place.

“I appreciate the sentiment throughout sections of the community and our workforce, which we absolutely heard, and we regret that the decision to run that argument was made, and accept that it should not have been made,” she told the committee.

Her comments follow questions from Greens Senator Mehreen Faruqi who asked Ms Kleyn: “Does the ABC believe that Lebanese people exist?” and similarly whether “Lebanese” or “Arab people” exist.

Ms Amorelli also acknowledged the legal argument had a “very real impact on our staff” and said the ABC would apologise once the legal matter settles.

“We regret that that argument was made. It should never have been made, and we will apologise,” she said.

Ms Lattouf’s case against the ABC will return to the Federal Court on February 27 and 28 for closing submissions from both sides.

Originally published as ABC acting managing director Melanie Kleyn confirms $1.1m taxpayer spend on Antoinette Lattouf dismissal case