Journalist Antoinette Lattouf was unfairly dismissed by the ABC mid-way through her fill-in radio presenting contract, a federal court judge has ruled.
She was terminated in 2023 after sharing a post from Human Rights Watch that said Israel had used starvation as a “weapon of war” in Gaza.
Federal court judge Darryl Rangiah said Lattouf was dismissed by the broadcaster for reasons “including that she held a political opinion opposing the Israeli military campaign in Gaza”.
Lattouf was awarded $70,000 in compensation.
The judge also ordered a hearing to determine whether the ABC will have to pay a pecuniary penalty for breaching the Fair Work Act.
Maurice Blackburn Lawyers' Josh Bornstein welcomed the decision.
“It has been a long and arduous struggle for our courageous client,” he said.
“The ABC has fought every step of the way, spending more than $1 million of taxpayer’s money. Antoinette Lattouf offered to settle the case for $85,000 in August 2024, but the ABC rejected the offer.
“When organisations capitulate to bad faith complaints against staff, the results are often perverse. The ABC claimed that it sacked our client because she highlighted a Human Rights Watch report that was already being reported on by the ABC.
“The Federal Court will hold a hearing to determine whether the ABC will face penalties for its unlawful conduct. We will ask the court for a significant penalty in order to deter the ABC from repeating its illegal conduct in the future.”
ABC managing director Hugh Marks has acknowledged the federal court’s decision.
“Despite the corporation’s best efforts, the matter was not able to be resolved before court proceedings, which is regrettable,” he said.
“Regardless of the outcome today, it’s clear the matter was not handled in line with our values and expectations. We also let down our staff and audiences, and this failure has caused understandable concern among the public and inside the organisation.
“The values of the ABC must be reflected in how we work. In this case the judge found the correct processes weren’t followed and, consequently, errors were made. We regret how the decision to remove Ms Lattouf from air was handled and the distress occasioned her. We extend our sincere apologies to Ms Lattouf and wish her well in her future endeavours.”
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