Scott McIntyre will sue SBS for discrimination over Anzac tweets

A SPORTS reporter who was fired from SBS over offensive Anzac Day tweets is taking legal action against the broadcaster.

SBS journalist Scott McIntyre

A HIGH-PROFILE SBS reporter who was fired for inappropriate tweets about the Anzacs is now suing the broadcaster for discrimination.

Law firm Maurice Blackburn has filed a claim with the Fair Work Commission on behalf of former soccer reporter Scott McIntyre.

The claim alleges that SBS breached its policies, including its Code of Conduct and did not follow due process when it dismissed Mr McIntyre on April 26.

“The case is not about whether Mr McIntyre’s opinions are correct or not. It will focus on whether the views expressed by Mr McIntyre constituted political opinion and whether SBS terminated his employment for expressing these views,” the firm said in a statement provided to news.com.au.

“Section 351 of the Fair Work Act protects employees from adverse action by their employer (including sacking) if they express political opinion.

“It is alleged SBS took action without a proper investigation and consideration of all relevant issues. It will be contended that Mr McIntyre had an unblemished work record and if a proper process had been followed, he would still be employed in his chosen career.”

Mr McIntyre was fired after tweeting five times about Anzac Day and Australia’s involvement in various wars.

SBS Managing Director Michael Ebeid and Director of Sport Ken Shipp said at the time that Mr McIntyre had breached the station’s Code of Conduct and social media policy.

“Respect for Australian audiences is paramount at SBS,” Mr Ebeid and Mr Shipp said in a statement.

“Late on Anzac Day, sports presenter Scott McIntyre made highly inappropriate and disrespectful comments via his twitter account which have caused his on-air position at SBS to become untenable.

“At SBS, employees on and off air are encouraged to participate in social media, however maintaining the integrity of the network and audience trust is vital. It is unfortunate that on this very important occasion, Mr McIntyre’s comments have compromised both.”

Mr McIntyre’s comments drew criticism from Australian leaders, including Communications Minister Malcolm Turnbull who labelled his comments “despicable” on Twitter, and was later forced to deny he had any involvement in getting Mr McIntyre fired.

The offending tweets still appear on Mr McIntyre’s account and he has even received a personal message of support from award-winning journalist John Pilger, who said: “you speak for many. All power and courage to you ...”

Scott @mcintinhos, you speak for many. All power and courage to you... http://t.co/3VB8qp2z4A

— John Pilger (@johnpilger) April 26, 2015

The cultification of an imperialist invasion of a foreign nation that Australia had no quarrel with is against all ideals of modern society.

— Scott McIntyre (@mcintinhos) April 25, 2015

Wonder if the poorly-read, largely white, nationalist drinkers and gamblers pause today to consider the horror that all mankind suffered.

— Scott McIntyre (@mcintinhos) April 25, 2015

Remembering the summary execution, widespread rape and theft committed by these ‘brave’ Anzacs in Egypt, Palestine and Japan.

— Scott McIntyre (@mcintinhos) April 25, 2015