‘Wrong’: MP fires up over ABC’s ‘really bad’ argument as Antoinette Lattouf wins blockbuster legal suit over unlawful sacking

A leading Labor MP has weighed in on a “really bad” race claim put forward by the ABC after a Federal Court found Antoinette Lattouf had been unlawfully sacked by the broadcaster.

A leading Labor MP has fired up over the ABC’s attempt to defend the wrongful dismissal of freelance journalist Antoinette Lattouf, after a Federal Court ruled she had been unlawfully terminated by the national broadcaster.

Federal Court Justice Darryl Rangiah on Wednesday morning ruled in Ms Lattouf’s favour, finding the ABC breached the Fair Work Act when it told her she was not required for the final two days of a five-day casual stint on ABC Radio Sydney in December 2023.

Ms Lattouf was on Wednesday awarded $70,000 in compensation and the ABC is facing the prospect of further monetary penalties, with the matter to return to court later this year to decide if the broadcaster should be fined.

Following the verdict, Chifley MP Ed Husic weighed in on the outcome – calling it “just” and congratulating Ms Lattouf for having the “guts” to take on the case.

Journalist Antoinette Lattouf has won her case against the ABC. Picture: NewsWire / Nikki Short

“The thing I really had a problem with and it is difficult because in talking about this because so many people hold ABC in such high regard and many people had differences of opinion in the way this was managed,” Mr Husic said on Wednesday.

“I was particularly upset about an argument or what was being put by the ABC’s legal representative that there was no claim of Racial Discrimination Act, because she hadn’t been able to prove there was any such thing as a Middle Eastern race, which I thought was a really bad way of putting an argument forward which subsequently those experts had to withdraw.”

Protesters gathered outside of the court on Wednesday as the decision was handed down. Picture: NewsWire / Nikki Short

Inside the courtroom on Wednesday, Ms Lattouf became tearful as she was told that she had won and outside court she was supported by a group of pro-Palestinian protesters.

One protester interrupted a Sky News live cross, shouting over the top of reporter Caroline Marcus and causing the broadcaster to abruptly cut the feed, with host Laura Jayes declaring: “That’s just rude.”

“I WAS PUNISHED”

Outside court, Ms Lattouf declined to take questions from the media, but said she would have more to say in the near future.

“Today the court has found that punishing someone for sharing facts about these war crimes is also illegal,” she said in a brief statement.

“I was punished for my political opinion.”

In February it was revealed the ABC had spent $1.1m of taxpayer funds defending the case, despite earlier knocking back an offer from Ms Lattouf’s team to settle for $85,000.

Ms Lattouf’s solicitor Josh Bornstein said the ABC had been “discredited”, describing its actions as “incredibly demoralising and distressing”.

“The amount of money spent on a case that could have settled for $85,000 is self evidently ludicrous,” Mr Bornstein said.

An ABC spokesperson said: “As we have told Senate Estimates, financial compensation has only been one element of the settlement offers made by Ms Lattouf. This is a matter of public record.”

In a statement, ABC managing director Hugh Marks apologised to Ms Lattouf.

“In this case the judge found the correct processes weren’t followed and, consequently, errors were made,” he said.

“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.”

Antoinette Lattouf has been awarded $70,000 in compensation. Picture: NewsWire / Monique Harmer

TERMINATION

Ms Lattouf sued the ABC in the Federal Court after she was sent home for the final two days of a stint on ABC Radio’s Sydney Mornings program in the lead up to Christmas in 2023.

Ms Lattouf was called up as a fill-in host for five shifts starting on Monday, December 18, but was told not to come in for the final two shows.

She had claimed she was unlawfully dismissed after sharing a post on social media by Human Rights Watch reading: “HRW reporting starvation as a tool of war.

“The Israeli government is using starvation of civilians as a weapon of war in Gaza”

She said that she was sacked after sharing the post and as a result of a flurry of emails from pro-Israel supporters.

The ABC had argued that Ms Lattouf’s employment was not terminated when she was told that she was not required to appear on air on Thursday, December 21 and Friday, December 22.

However that argument was rejected by the court.

Justice Rangiah found on Wednesday that when Ms Lattouf was told she was not required for her final two shifts, it was a “euphemistic way” of telling her that she was being taken off air.

“I find that the ABC repudiated the contract of employment by informing Ms Lattouf that she would no longer be permitted to present mornings,” he said.

“I also find that the ABC terminated the contract of employment.”

Antoinette Lattouf sued the ABC for unlawful termination. Picture: NewsWire/Flavio Brancaleone.

“HAS ANTOINETTE BEEN REPLACED?”

The decision to sack Ms Lattouf was made by head of content Chris Oliver-Taylor following a Teams Meeting involving members of ABC management on Wednesday, December 20.

The court was told made the decision to axe Ms Lattouf came after the ABC received a host of complaints about her pro-Palestinian politics over the preceding days.

“The complaints caused great consternation among the senior management by the ABC,” Justice Rangiah said.

During the blockbuster trial, the court heard that former ABC chair Ita Buttrose fired off an email to managing editor David Anderson on Tuesday, December 19.

“Has Antoinette been replaced. I am over getting emails about her,” Ms Buttrose said in the email.

Former ABC chair Ita Buttrose. Picture: NewsWire / Nikki Short

During her evidence, Ms Buttrose denied that this was proof that she wanted Ms Lattouf fired.

“If I wanted somebody removed, I’d be franker than that,” Ms Buttrose told the court at the time.

The court heard that Mr Anderson replied: “Antoinette will finish up on Friday. It’s a managed exit given the situation.”

Ms Buttrose followed it up with another email at 9.59pm: “I have a whole clutch more of complaints. Why can’t she come down with flu? Or Covid. Or a stomach upset? We owe her nothing, we are copping criticism because she wasn’t honest when she was appointed.”

Ex-ABC managing director David Anderson. Picture: NewsWire / Nikki Short

“MERELY PROVIDED WITH ADVICE”

Much of the case centred on what Ms Lattouf was told in a telephone conversation with her boss, then ABC Radio Sydney content director Elizabeth Green, on the afternoon of Monday December 18 – the day of the first of her five shifts.

Ms Green told the court that she told Ms Lattouf: “So would be best if you don’t post anything related to the Israel/Palestine situation on social media while you’re with us.”

While Ms Lattouf told the court that she was told by Ms Green: “It’s probably best that you keep a low profile on Twitter and maybe don’t tweet anything.”

Justice Rangiah found that “Ms Lattouf was merely provided with advice” that it would be “best not to post anything controversial about the war” and was not given a direction to stop posting.

Justice Rangiah did say that Ms Lattouf’s social post was “ill advised” and “bound to be controversial”.

However he said that: “Mr Oliver-Taylor knew Ms Lattouf had not been given any direction not to post anything about the Israel/Gaza war.

“This was not a case where her employment could be terminated for failing to comply with a lawful and reasonable direction.
“Further, Mr Oliver-Taylor had no more than a suspicion that Ms Lattouf may have breached some editorial ABC policy or guideline.”

Originally published as ‘Wrong’: MP fires up over ABC’s ‘really bad’ argument as Antoinette Lattouf wins blockbuster legal suit over unlawful sacking