An unfair dismissal case between journalist Antoinette Lattouf and the ABC has wrapped up in the Federal Court.
Lattouf alleges she was unfairly dismissed from a fill-in presenter role on ABC local radio in December 2023, after sharing a post relating to the Israel-Hamas war in Gaza, and because of her race.
The ABC has maintained it dismissed Lattouf because she breached her obligation to remain impartial.
Earlier this week, the broadcaster said it has spent $1.1 million on external lawyers during the trial.
Background
Lattouf is a Lebanese-Australian broadcaster and author who founded not-for-profit Media Diversity Australia.
She was hired to host ABC Sydney radio from 18-22 December. Her contract was terminated after ABC management raised concern over a Human Rights Watch post she shared on social media, leading to her dismissal on 20 December.
The post had accused Israel of using starvation as a tool of war in Gaza. The ABC also reported on HRW’s claims.
Dismissal
The ABC said Lattouf was asked not to post about “matters of controversy”.
The broadcaster argued that she breached the organisation’s social media policy and was dismissed.
Lattouf brought an action against the ABC at the Fair Work Commission, Australia’s workplace tribunal, where she accused the ABC of wrongfully firing her.
She alleged a group called ‘Lawyers for Israel’ pressured the ABC to dismiss her, a claim the broadcaster has denied.
Case escalates
The Fair Work Commission found Lattouf was dismissed, but did not rule on whether she was ‘unfairly’ dismissed as she alleged.
The Commission allowed Lattouf to escalate her complaint to the Federal Court. Attempts to settle the matter out of court failed.
Lattouf alleged she was wrongfully dismissed because she held a political opinion and due to her race, two attributes protected under Australia’s fair work laws.
Trial
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Senior ABC figures appeared at the trial, including David Anderson (Managing Director), Ita Buttrose (Chair), and Chris Oliver-Taylor (Chief Content Officer) — all of whom have stepped away or are departing the broadcaster.
An email presented as evidence in court shows Buttrose told Anderson “I have a whole clutch more of complaints” about Lattouf, asking if she could “come down with the flu... or a stomach upset?”
During his cross-examination, Anderson described the process of dismissing Lattouf as “abnormal”.
Closing arguments
Lattouf’s barrister Oshie Fagir told the Federal Court there was a campaign “squarely aimed” at having Antoinette Lattouf taken off air at the ABC.
The campaign had involved persistent lobbying to remove Lattouf over her previously expressed opinions on the Israel-Hamas war, Fagir said.
Rather than handling the complaints according to standard ABC practices, Fagir said Lattouf was dismissed unfairly.
“Ms Lattouf’s race was a reason for her dismissal,” Fagir alleged.
The ABC’s lawyer Ian Neil SC suggested there were only two references to Lattouf’s race during her dismissal, as laid out in the evidence.
He alleged Lattouf’s Lebanese background had “nothing to do” with her dismissal.
Instead, citing the broadcaster’s diverse hiring policies, Neil said her race would have been “a reason why the ABC would want to keep Ms Lattouf on air”.
The ABC confirmed at a Senate hearing this week it had spent $1.1 million on lawyers in Antoinette Lattouf’s trial.
What now?
Federal Court Justice Darryl Rangiah will now hand down a judgment at a future date.
The trial is civil, not criminal, meaning Lattouf is seeking compensation for losses caused by her dismissal.
This includes mental distress and affected prospects for future employment.
Speaking outside the court, Lattouf said: “I will always stand up for journalism without fear or favour.”
