Pressure to axe Lattouf came ‘from higher up’, ABC manager claimed

ABC Radio Sydney’s content director “did not see anything wrong” with a social media post that triggered Antoinette Lattouf being taken off-air, and believed pressure to axe her came “from higher up”, the Federal Court has heard.

Elizabeth Green, now executive producer of ABC Radio Sydney’s Drive program, gave evidence in the Federal Court in Sydney on Wednesday about her dealings with Lattouf before and after the journalist was abruptly removed as fill-in host of the Sydney Mornings radio program in 2023.

Antoinette Lattouf, flanked by her barristers Philip Boncardo (left) and Oshie Fagir, leaves the Federal Court in Sydney on Wednesday.Credit: Kate Geraghty

Lattouf was taken off-air three days into a five-day casual contract after she finished her shift on December 20, 2023. She is suing the ABC, alleging it terminated her employment unlawfully and that her political opinion and Middle Eastern race played a role in that decision.

At the time of Lattouf’s removal from the airwaves, Green was ABC Radio Sydney’s content director and Lattouf’s line manager.

On December 19, 2023, a day before her removal, Lattouf shared a post critical of Israel from non-governmental organisation Human Rights Watch on Instagram. She added the caption: “HRW reporting starvation as a tool of war.”

Lattouf’s barrister, Philip Boncardo, put to Green that she “expressed the view that you did not see anything wrong with Ms Lattouf’s post” during an internal meeting on December 20, 2023.

Elizabeth Green, in black, outside the Federal Court in Sydney on Wednesday.Credit: Kate Geraghty

“I did say that,” Green said.

Green agreed she told Lattouf she had “tried to stop them” and “tried hard to keep” her.

“I believed it was coming from higher up. I said there was pressure for her to leave ... from the Monday [December 18, 2023, the first day of Lattouf’s contract] and I understood it had been referred up,” Green told the court.

Green denied she told Lattouf the decision had been made by ABC managing director David Anderson.

Ben Latimer, the ABC’s head of audio content, outside the Federal Court in Sydney on Wednesday.Credit: Kate Geraghty

Lattouf claims the ABC bowed to pressure from pro-Israel lobbyists in removing her. The broadcaster had received complaints about her appointment as a fill-in presenter even before the post because of her long-standing views about the Israel-Gaza war, the court heard.

The ABC’s head of audio, Ben Latimer, gave evidence later on Wednesday that he “did not think [Lattouf] ... had breached” the broadcaster’s policies or procedures by reposting the content.

However, he said he told the ABC’s Steve Ahern, acting head of capital city networks, on Tuesday, December 19, 2023: “You are to direct Antoinette Lattouf not to post anything on social media.”

Latimer said this referred to any post about the Israel-Gaza war during her week-long stint.

In an email at 1.16pm on December 19, Ahern told Latimer: “Elizabeth [Green] has reiterated to Antoinette the importance of not talking about Israel-Gaza in her shows this week.

“She has also suggested that Antoinette may be wise not to post anything on her socials this week.”

Lattouf’s barrister, Oshie Fagir, put to Latimer that this email was “completely inconsistent with the direction having been given” that Lattouf was not to post anything about the conflict.

But Latimer told the court that this confirmed to him that the explicit direction had been given.

“I was very confident that it had been conveyed.”

Asked by Justice Darryl Rangiah why he was confident, Latimer said he believed Ahern “listened to my words, and my words were very clear”.

Former ABC chair Ita Buttrose outside the Federal Court in Sydney on Tuesday.Credit: James Brickwood

Ita Buttrose, who was ABC chair at the time, delivered a combative performance in court on Tuesday, insisting she had “nothing to do” with Lattouf’s removal.

Buttrose sent Anderson an email on December 19, 2023, which read: “Has Antoinette been replaced. I am over getting emails about her.”

She denied in court that she was urging him to sack Lattouf.

“If I wanted somebody removed, I would be franker than that,” Buttrose said.

The ABC denies terminating Lattouf’s employment. It claims her employment ended after five days on December 22, 2023, as planned, but she was not required to present the final two programs. Lattouf was paid in January 2024 for all five shifts.

Fair Work Commission Deputy President Gerard Boyce decided after a preliminary legal skirmish last year that Lattouf’s employment was “terminated at the ABC’s initiative”. However, Rangiah is not bound by that decision.

Simon Melkman, then-acting editorial director at ABC, leaves the Federal Court after giving evidence.Credit: Kate Geraghty

Simon Melkman, then-acting editorial director at the ABC, was asked on Wednesday about a series of posts on social media site X by prominent ABC journalist Patricia Karvelas.

Lattouf’s legal team will argue Lattouf was treated differently to other ABC journalists, who were not sanctioned for expressing views on social media.

Melkman said there was no ABC “blanket rule” preventing employees from expressing views on controversial topics, but it might amount to a breach of the ABC’s code of conduct or guidelines on the personal use of social media.

He told the court he believed at the time Lattouf might have breached the guidelines.

The parties’ closing submissions begin on February 27.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.