Shock jock Kyle Sandilands has begun legal proceedings against his former employer ARN days after the media company terminated his contract.
In a filing with the Federal Court, Sandilands claims the termination of his contract was invalid and “unconscionable” under Australian Consumer Law, and that there had been no act of serious misconduct or breach of contract.
Sandilands is seeking to have the remainder of his $100 million, 10-year contract paid out.
It was terminated by ARN after alleging serious misconduct towards his co-host Jackie O Henderson, who had her contract terminated weeks ago after she allegedly told ARN she could not continue working with Sandilands.
As a result, KIIS Network’s Kyle & Jackie O show, one of the most successful Sydney FM shows for decades, was axed.
ARN disputes the claims and said it intends to defend the proceedings.
“Given the early stage of the matter, ARN is unable to reliably estimate the outcome or any potential financial impact,” ARN said in a market statement on the ASX.
Last week, workplace relations lawyer Michael Byrnes, of the law firm Swaab, questioned whether ARN’s claims of serious misconduct would hold up in court.
He told B&T: “ARN’s position has some problems, including the fact that they allowed him to continue on air after 20 February. There were a further six broadcasts from 20 February to the time of suspension, which was the Tuesday week following.
“And also the objective seriousness of the conduct. Sure, Kyle didn’t exactly distinguish himself, but query whether it is serious misconduct, particularly given the nature of the program and the fact that they’ve had similar exchanges before, which have not had those sorts of consequences.”
Sandilands previously flagged his legal team would challenge the termination and that he didn’t accept it. He said that his on air “blue” with Henderson was “the kind of thing we’ve done a hundred times in 25 years”.
He added: “And ARN took the situation and decided to try and burn the place down. They sacked Jackie. They suspended me. They wouldn’t even let me pick up the phone to call her or anyone else on the show. Then — and this is the bit that gets me — once they’d made it impossible for the show to go on, they turn around and say, ‘You didn’t fix it. You’re fired!’”
“I’ve got a contract until 2034. I’ve got rights under that contract. And ARN hasn’t honoured the contract. So, it’s over to my lawyers.”
And now one of radio’s messiest sagas is over to the courts.
