Freelance journalist Antoinette Lattouf has emerged victorious in her unfair dismissal case against the Australian Broadcasting Corporation (ABC), with the Federal Court ruling that the national broadcaster unlawfully terminated her employment.
Justice Darryl Rangiah’s judgment found that Lattouf’s removal from her role as a fill-in host on ABC Radio Sydney’s Mornings program in December 2023 was influenced by complaints about her political views on the Israel-Gaza conflict.
Lattouf was brought in as a fill-in host for five shifts beginning on 18 December 2023. However, after completing three days of her stint, she was informed that she would not be needed for the final two shows.
This decision came shortly after Lattouf shared a post on social media from Human Rights Watch, which reported on the use of starvation as a weapon of war in Gaza. Lattouf had expressed support for Palestinians, and the post sparked a flurry of complaints, primarily from pro-Israel lobbyists.
The ABC initially defended its decision, claiming that Lattouf’s employment had not been terminated, and that the decision to send her home was simply a conclusion to her scheduled five-day stint.
However, Lattouf’s legal team successfully argued that her dismissal was politically motivated and a direct result of her public expression of views contrary to the broadcaster’s corporate stance.
Justice Rangiah found that the ABC had breached the Fair Work Act, which prohibits employers from dismissing employees based on political opinions. He ruled that Lattouf was unfairly dismissed and awarded her $70,000 in compensation.
Lattouf’s legal team also argued that her reputation was severely damaged by the incident, which left her “pretty much unemployable” and caused significant emotional distress.
The case revealed the behind-the-scenes turmoil at the ABC as senior management, including former ABC chair Ita Buttrose and managing director David Anderson, were shown to have been involved in the decision to remove Lattouf from the airwaves.
Evidence presented in court revealed that Buttrose had emailed Anderson on 19 December 2023, saying, “Has Antoinette been replaced? I am over getting emails about her,” which suggested that external pressure from public complaints played a role in the decision.
Lattouf’s case was further complicated by the ABC’s claim that she had been advised not to post on social media during her time on the program. Lattouf disputed this, maintaining that she had merely received advice, not an explicit directive.
Rangiah agreed, noting that Lattouf had been told it was “best not to post anything that would be considered controversial,” but had not been given a formal directive not to share content.
The ruling has sparked widespread discussions about freedom of expression in journalism and the role of media organisations in protecting their employees from political pressure.
The case has also highlighted concerns about editorial independence and the potential for outside influence to shape editorial decisions within public broadcasters.
Lattouf’s legal victory is being hailed as an important step in defending journalistic rights, particularly the right to express personal political views without facing retribution from employers.
The ABC is yet to comment publicly on the decision, but Lattouf’s victory sends a strong message that public broadcasters must uphold the principles of fairness and impartiality, ensuring that employees are not discriminated against for their personal beliefs.
The case also continues to raise questions about how the media industry should navigate the balance between political neutrality and the growing influence of external pressure on editorial decisions.
As for Lattouf, the compensation and the court’s findings represent a significant legal and personal victory, setting a precedent for journalists facing similar challenges in the future.
