The Federal Court has ruled the ABC unlawfully terminated journalist Antoinette Lattouf’s employment in December 2023, finding the decision was influenced at least in part by her political opinion about the Israel-Gaza war.
Justice Darryl Rangiah found that while Lattouf’s race and national extraction were not factors in her dismissal, the broadcaster did contravene Section 772(1) of the Fair Work Act by ending her contract, in part, due to her political views opposing Israel’s military campaign in Gaza.
“I have found that the ABC contravened s 772(1) of the FWA by terminating Ms Lattouf’s employment for reasons including that she held political opinions opposing the Israeli military campaign in Gaza,” Justice Rangiah said.
Lattouf’s short five-day contract with ABC Radio Sydney was cut just three days in, following a social media post she shared referencing a Human Rights Watch report that accused Israel of using starvation as a weapon of war.
Rangiah noted the ABC’s decision-making process had been reactive and flawed stating that Lattouf: “was not given any opportunity to defend herself.”
The court accepted that the broadcaster was in “a state of panic” after receiving an “orchestrated” pro-Israel email campaign.
Justice Rangiah also cast doubt on key evidence from ABC’s then-head of content, Chris Oliver-Taylor, saying: “I have no hesitation in accepting the evidence of the [other witnesses]” but “reject important parts of [Oliver-Taylor’s] evidence.” While the judge acknowledged that Oliver-Taylor was “under pressure and in a difficult situation,” he did not accept Oliver-Taylor’s stated reasons for taking Lattouf off air.
While the ABC claimed that Lattouf’s Instagram post breached editorial standards and compromised its impartiality, the court rejected this as the sole explanation for her dismissal. Justice Rangiah found that the ABC’s desire to protect its reputation was only one reason for the termination; her political views were another.
“It can be accepted that Mr Oliver-Taylor was in a difficult position,” Rangiah said. “The post was inconsiderate of her employer,” but that did not justify termination without process or opportunity for explanation. “Ms Lattouf was, in other words, contracted to provide entertainment to ABC’s audience,” the judge noted, not bound by the same conditions as full-time staff.
“I find that ABC repudiated the contract,” Justice Rangiah ruled, concluding that Lattouf had been wrongfully dismissed and that the broadcaster’s actions caused her significant distress. He awarded her $70,000 in compensation.
The decision is a major legal and reputational blow to the ABC, which has consistently denied that political bias or external lobbying influenced its actions.
More to follow.
