Antoinette Lattouf takes ABC to Federal Court over alleged unfair dismissal

Antoinette Lattouf has taken another major step against the ABC after the broadcaster cut ties with her over controversial social media posts.

Journalist Antoinette Lattouf has taken her dispute with the ABC to the Federal Court.

Ms Lattouf, who was laid off in December over controversial social media posts relating to the Israel-Gaza conflict, is suing the national broadcaster for what she claims is a breach of its own employee Enterprise Agreement by dismissing her without a valid reason.

Ms Lattouf, who is of Lebanese heritage and whose parents came to Australia as refugees in the 1970s, is outspoken on her social media accounts.

She was let go after sharing a post about the conflict in Gaza, with ABC management telling her she was not allowed to post about controversial issues while in the presenter position.

She drew intense criticism for repeatedly suggesting videos of pro-Palestine protesters chanting “gas the Jews” at the Sydney Opera House in October were unverified.

Award-winning journalist Antoinette Lattouf has taken her dispute with the ABC to the Federal Court.

The legal action, filed late last week, is running parallel to Ms Lattouf’s ongoing case at the Fair Work Commission.

In that case, she alleges her dismissal was due to discrimination based on her political opinions and race.

The ABC has been criticised for its decision, especially since it had previously reported on the same claims made by the human rights organisation. Nonetheless, the broadcaster has labelled Ms Lattouf’s social media activity as misconduct.

The Federal Court filing outlines several alleged breaches of the EA by the ABC, including terminating Ms Lattouf’s employment without proving misconduct, failing to provide written notice of the alleged misconduct, not outlining the process to substantiate the misconduct, and not allowing Ms Lattouf an opportunity to respond or defend her actions before making a decision.

Josh Bornstein, Principal Lawyer at Maurice Blackburn Lawyers, representing Lattouf, argues that the ABC’s did not adhere to its disciplinary processes.

“Antoinette Lattouf is the first Australian journalist to be sacked for communicating a fact; the very same fact that the ABC was reporting on. The ABC’s conduct was a textbook example of what can go wrong when an organisation applies brand management techniques instead of being guided by principle, proper process and legal obligations,” Mr Bornstein said.

Ms Lattouf is seeking a series of remedies from the Federal Court, including her reinstatement at the ABC, compensation for her dismissal, pecuniary penalties against the broadcaster, and orders for ABC management to undergo training to ensure compliance with EA obligations.

The ABC has rejected 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 statement read.

“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.

The legal action, filed late last week, is running parallel to Lattouf’s ongoing case at the Fair Work Commission.

“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 November 27 2023.

“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,” the broadcaster said.