Sacked ABC managing director Michelle Guthrie has filed a lawsuit against the public broadcaster for unfair dismissal and specifically named ex-chairman Justin Milne and directors Donny Walford, Joseph Gersh and Vanessa Guthrie.
The legal action, filed on the afternoon of December 20 in the Federal Court of Australia’s Western Australia Registry, does not name as defendants board members Kirstin Ferguson (current acting chair), former Seven executive Peter Lewis, Georgie Somerset or staff elected director Jane Connors.
Former ABC chairman Justin Milne and then managing director Michelle Guthrie. Credit: AAP
Ms Guthrie is seeking orders that she be re-instated to her role as managing director, be paid penalties by the ABC and the named board members, and for the ABC to compensate her (with interest) for losses and damages, court documents show.
Her affidavits, which are yet to be released by the court, include details of text messages, letters and emails between the former managing director and board members from May to September, relating to allegations about Mr Milne's "inappropriate conduct" and his interventions into editorial matters.
She alleges the ABC "took adverse action" against her - by "threatening to dismiss her" and then firing her in September - because she made complaints about Mr Milne to board members.
The court documents filed by Ms Guthrie's legal representative say Mr Milne "engaged in undermining [her] duty of independence" and Ms Walford "was aware of [Ms Guthrie's] duty to protect the independence of the [ABC]". All the named directors are alleged to have been aware of the threatened dismissal and involved in obtaining advice about her termination.
Ms Guthrie filed a Fair Work claim in mid-October. The Fair Work Commission organised a private mediation conference to deal with the issue on November 19. A letter filed by the Commission to the Federal Court said it was satisfied "all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful".
The lawsuit comes after a firestorm year for the public broadcaster, which saw Ms Guthrie sacked by the board half-way through her five-year term and Mr Milne resign shortly after due to allegations he had told her to fire journalists the government didn't like.
In a dossier sent to the board by Ms Guthrie before she was sacked, she claimed to have told Dr Ferguson in an email in May that she “can’t do this anymore” in reference to her frustrations over Mr Milne’s intervention in editorial matters.
Another point of distress for Ms Guthrie was Mr Milne's behaviour, including allegations she made of "inappropriate touching" at an ABC board dinner in November 2017. Mr Milne has denied the allegations, which Ms Guthrie disclosed to Ms Walford in August after being warned by the ex-chairman that her job as managing director was "on the line".
After Ms Walford was told about the allegations, the ABC board organised for Mr Gersh to meet Ms Guthrie to determine whether she would make a formal complaint about the incident. She declined.
Ms Guthrie told Four Corners earlier this year Mr Gersh was there to seek her resignation, though the nature of the discussion is disputed by the ABC.
The former News Corp and Google executive told the ABC directors in the document sent in September that if the board "resolves to terminate my appointment, the reasons appear to me to be in part because of my disclosure about the chair's inappropriate conduct towards me and inference (sic) in the independence of the ABC".
Ms Guthrie is being represented by law firm Johnson Winter & Slattery’s Ruveni Kelaher, who worked for Seven West Media during its high-profile stoush with Amber Harrison, who had an affair with the broadcaster’s chief executive Tim Worner. The ABC's legal representative is Minter Ellison.
Mr Milne referred the Sydney Morning Herald’s inquiries about the legal action to the ABC.
An ABC spokeswoman said in a statement that the proceedings allege Ms Guthrie was subject to adverse action "because, amongst other things, she had made complaints".
"This is not correct. Ms Guthrie was dismissed because the board had lost confidence in her. She was not dismissed because of any complaints she’d made," the spokeswoman said.
"Ms Guthrie also alleges she could not be dismissed during her term. The corporation disputes this is the case. Ms Guthrie's termination was lawful," she said.
She said the ABC board stands by the decision to terminate Ms Guthrie's employment and the broadcaster would defend the claims.