Antoinette Lattouf was fired from a radio presenting role at the ABC, the Fair Work Commission has found.
In a 51-page decision released this morning, FWC deputy president Gerard Boyce found the fact that Lattouf was told a decision had been taken to take her off-air, as well as evidence given that she was advised to leave the ABC’s Ultimo headquarters as soon as possible, constituted termination of employment within the meaning of the Fair Work Act.
Boyce found that despite the ABC’s discussions around paying out the remainder of Lattouf’s casual contract, the fact she was taken off-air on the third day of a week-long contract, without any further work to complete, constituted a termination of the employment relationship.
He also rejected the notion that ABC content director Elizabeth Green’s words to Lattouf that she “would love to have [her] back” inferred any ongoing employment at the ABC.
Lattouf filed for unfair dismissal in the Fair Work Commission after being removed in December last year from a casual fill-in role on ABC Radio’s Sydney Mornings. The dismissal came after Lattouf took to Instagram and posted a Human Rights Watch report on the ongoing conflict in the Middle East that reported Israel was using starvation as a tool of war in Gaza.
The ABC initially filed a defence that argued Lattouf was terminated, before then amending it to argue that she had not been terminated at all, applying for the case to be dismissed.
It opens the pathway to a decision on Lattouf’s unfair dismissal claim, with her lawyer, Josh Bornstein, stating on social media that the matter would now proceed to the Federal Court.
Lattouf’s unfair dismissal claim argues she was terminated as a result of her political views, as well as her Lebanese heritage. She seeks a public apology and compensation for harm to her reputation, as well as for distress and humiliation. She is also seeking reinstatement to the ABC.
Lattouf had posted on Instagram at 5.51 pm on Tuesday, December 19. By 11.24 am the next morning, the ABC had received a number of questions from The Australian’s media writer, Sophie Elsworth, asking about complaints relating to Lattouf and her social media use. By 1 pm, the ABC’s chief content officer Chris Oliver-Taylor had texted managing director David Anderson, stating he saw “no option but to stand her down”, owing to a breach of editorial policies and failure to follow directions from supervisors.
The Sydney Morning Herald has also reported agitation from pro-Israel lobby groups that complained directly to the ABC ahead of Lattouf’s dismissal, with some messages from the group claiming to have received direct responses from then ABC chair Ita Buttrose over the matter.
Lattouf is due next before the Federal Court for a mediation on June 25.
The ABC was contacted for comment but did not respond in time for publication.
Lattouf in a statement said she remained “bitterly disappointed that [she] was fired for posting a fact the ABC was also reporting”.
“The truth isn’t always convenient or comfortable, but it doesn’t stop being factual.”
