Antoinette Lattouf alleges racial discrimination in ABC Fair Work case

Journalist Antoinette Lattouf has amended her Fair Work case against the ABC to include racial discrimination after she was sacked by the broadcaster three days into a short-term contract in December.

Lattouf was engaged by the broadcaster to cover Sarah Macdonald’s morning show on ABC Radio Sydney for the week commencing December 18. However, after three shifts she was told on December 20 she would not be returning.

Sacked radio presenter Antoinette Lattouf is alleging racial discrimination in her Fair Work case against the ABC.Credit: Marija Ercegovac

After filing a Fair Work application in December alleging her employment was terminated unlawfully, high-profile employment lawyer Josh Bornstein of Maurice Blackburn Lawyers has now joined her legal team. Bornstein is collaborating with Sarah Ibrahim of Central Lawyers.

In December, Bornstein said Lattouf’s dismissal was in breach of section 772(1) (f) of the Fair Work Act, which deals with unlawful terminations.

In her updated claim, Lattouf alleges the reasons for dismissal include expression of political opinion relating to a social media post, with her race also a contributing factor, being of Lebanese, Arab and Middle Eastern heritage, as well as being a descendant of immigrants.

In a statement to this masthead, Bornstein said that since “October 7 and the ensuing conflict in the Middle East, it has become notorious in the media industry that Arab and Muslim journalists are being intimidated, censored and sacked”.

Students Against War protest against the sacking of Antoinette Lattouf and the broader issue of silencing journalists, outside the ABC headquarters in Sydney on Thursday. Credit: Dion Georgopoulos

“In this case we will show that the ABC has not sacked white journalists for expressing political opinion even where those journalists worked in news and current affairs,” he said.

“Antoinette’s role at the ABC was not a news or current affairs role. She shared four posts during her employment, and was told at her dismissal that sharing the Human Rights Watch post was somehow a breach of the ABC’s social media policy. Then she was suddenly and humiliatingly sacked.”

Bornstein said he and Lattouf’s legal team were seeking a detailed public apology, compensation for harm to her reputation, distress and humiliation. Lattouf will also seek an order that the ABC offer her a commensurate role back on air.

“Finally, we are also seeking the imposition of penalties on the ABC to deter it from repeating this conduct,” Bornstein said.

Maurice Blackburn lawyer Josh Bornstein.Credit: Jason South

Lattouf said while she was a supporter of public broadcasting, she found her dismissal disheartening.

“I will always advocate for a well-funded, fair, independent and representative ABC. Our democracy is more enriched for it. This is why it is disheartening to not only witness the horrendous treatment of people of colour by the ABC over the years, but now to personally – and so publicly – feel its wrath.”

A spokesperson for the broadcaster said: “This matter is currently before the Fair Work Commission. The ABC will be submitting its response to Ms Lattouf’s claims on Monday. We welcome the opportunity to address her allegations.”

The Fair Work case will be heard on January 18.

The ABC is yet to comment on the reasons for the termination. However, according to a source with knowledge of the process, not authorised to speak publicly, the move related to a number of posts on Lattouf’s social media accounts relating to the Israel-Hamas war. It also remains unclear whether the dismissal relates to posts before or during her contracted period.

Protesters outside the ABC’s Ultimo office in Sydney on Thursday.Credit: Dion Georgopoulos

Lattouf’s Fair Work submission, obtained by this masthead, highlights a post on her Instagram account from Human Rights Watch on December 19, the day before her dismissal, which reported Israel using starvation as a weapon of war in Gaza.

The day before, the ABC also published a news report on its website highlighting the same report with the headline “Israel-Gaza war: Human Rights Watch says starvation is being used as ‘a weapon of war’ by the Israeli government.”

In her December submission, Lattouf also alleged that Elizabeth Green, the station’s content director, told her the directive to dismiss her had come from the broadcaster’s managing director, David Anderson.

“It was above me, it was David Anderson. I know I shouldn’t be telling you this,” the application alleges Green said.

At the time of this allegation, the ABC declined to comment.

In the same week, fellow ABC Radio Sydney presenter Josh Szeps was dismissed before his due end date following an unauthorised Sky News Australia appearance.

Prior to her employment, Lattouf expressed a number of opinions relating to the ongoing conflict in Gaza, including opinions critical of Israel.

An article published on Crikey in December, co-authored by Lattouf and published before her employment, called into question reports of protesters chanting “gas the Jews” during an October 9 rally outside the Sydney Opera House.

Lattouf, alongside more than 300 journalists – including some from The Sydney Morning Herald and The Age – also signed an open letter in November calling for greater scrutiny on the reporting of the conflict between Israel and Hamas.

On Thursday, about 150 student and teacher protesters held a rally outside the ABC’s Ultimo headquarters in Sydney over Lattouf’s sacking and the broadcaster’s treatment of staff speaking out against Israel’s ongoing campaign in Gaza, and coverage of the war against Hamas.

The ABC was approached for comment.

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