ABC fires back at sacked radio presenter Antoinette Lattouf

The ABC has revealed why it sacked broadcast Antoinette Lattouf, as she raises huge legal fund to take on the broadcaster.

ABC broadcaster Antoinette Lattouf was sacked after a warning not to post controversial social media material according to the national broadcaster and claims it was based on her race or political opinions are “without merit.”

In legal documents filed by the ABC response to her Fair Work claim for unfair dismissal, her expanded claim is described as “fundamentally and entirely misconceived.”

It follows Ms Lattouf sharing a post on her Instagram account by comedian Dan Ilic on Tuesday who wrote, “This saga will end up with Ita (Buttrose) and David Anderson resigning because they forgot what their job was,’’ he wrote.

The post was deleted a short time later by Ms Lattouf but remains on Ilic’s Instagram account. A crowdfunding post asking for donations for her legal fees remains up and has raised $29,000.

ABC fill-in presenter Antoinette Lattouf who had been presenting ABC Sydney's mornings show. Picture: Instagram

But in a new legal filing the ABC rejects claims that Ms Lattouf was terminated following a direct intervention by the ABC’s managing director.

“The Applicant’s employment was terminated for a reason based on the inherent requirements of the particular position concerned,’’ the documents state.

“The ABC decided not to require the Applicant to perform the last two of her five shifts as a casual Presenter because the Applicant had failed or refused to comply with directions that she not post on social media about matters of controversy during the short period she was presenting.

“Any ‘political opinion’ held by the Applicant was entirely irrelevant to (and played no part in) the decision by the ABC. Likewise, the Applicant’s race and national extraction/social origin were entirely irrelevant.”

The ABC said it entered into an agreement for Ms Lattouf to undertake casual work for the ABC on or around Monday, 27 November 2023.

ABC chair Ita Buttrose delivering a keynote address at the Women in Media national conference in Sydney. Photo credit: Emma Brasier/Women in Media

“At or around 3.40 pm on Monday, 18 December 2023, Ms Elizabeth Green (ABC Content Director) had a telephone conversation with the Applicant in which Ms Green advised the Applicant that: the ABC had received some complaints from the public about the Applicant being on air in relation to her perceived stance on the Gaza conflict,’’ the documents state.

“Accordingly, while the Applicant was “on air” on Sydney Mornings, she should not post anything on her social media accounts that could be perceived as controversial.

At or around midday on Tuesday, 19 December 2023, shortly after the Applicant came “off air” that day, Ms Green had another conversation with Ms Lattouf.

“(Ms Lattouf) raised the topic of the conversation the previous day and put a number of scenarios to Ms Green and asked whether it would be appropriate for her to post on her social media accounts in those scenarios,’’ the documents state.

“(She) said words to the effect of “what can I post? What if another journalist dies, can I post that?”; and in response to that question, Ms Green said words to the following effect: “Well that would be fact based. But really it’s probably better that you don’t post anything while you’re with us because of the risk of the perception that you are biased and not balanced”.

“At or around midday on Wednesday, 20 December 2023, the ABC became aware that the Applicant had placed a post on her Instagram account on the evening of Tuesday, 19 December 2023 about the Gaza conflict. The post included a comment “HRW reporting starvation as a tool of war”. The fact that the Applicant had posted on a controversial topic after being specifically directed not to do so was of serious concern to the ABC.”

Antoinette Lattouf has amassed a huge legal fund. Picture: Instagram

After the discovery of the Applicant’s Instagram post Mr Chris Oliver-Taylor (ABC Chief Content Officer) met with Mr Ben Latimer (ABC Head Audio Content), Mr Simon Melkman (ABC Editorial Director) and Mr Steve Ahern (ABC Head Capital City Network) to discuss the Instagram post.

According to the ABC, Mr Oliver-Taylor decided that the Applicant should not perform the last two of her shifts.

“The Applicant was paid for all the shifts between Monday, 18 December 2023 and Friday, 22 December 2023 that she had been rostered to perform, even though she did not perform the last two of those shifts on Thursday, 21 December 2023 and Friday, 22 December 2023. She suffered no financial loss by not being required to work those shifts.

“Mr David Anderson (ABC Managing Director) did not make the decision that the Applicant should not complete the last two of her casual shifts. Indeed, Ms Green did not inform the Applicant that Mr Anderson had made the decision that the Applicant should not perform the last two of her shifts.”

“During a conversation with the Applicant after the meeting on Wednesday, 20 December 2023, Ms Green (in an effort to comfort the Applicant and confirm that the decision was not taken lightly) said words to the Applicant to the following effect: “these types of matters are taken very seriously and decisions like this can be referred all the way up to the MD’s office”.

“Ms Green had no knowledge about whether or not Mr Anderson was involved in the decision.”