Overview
The Australian Federal Court ruled that the ABC unlawfully terminated journalist Antoinette Lattouf in December 2023, primarily due to her political opinions on the Israel-Gaza conflict, following an orchestrated campaign by pro-Israel lobbyists. The judgment awarded Lattouf $70,000 in compensation and highlighted ABC's failure to uphold employee protections under the Fair Work Act.
Background and Case Details
- Antoinette Lattouf was removed from Sydney Mornings three days into a five-day contract after sharing a Gaza-related post.
- Complaints against Lattouf escalated rapidly, identified as an orchestrated campaign by pro-Israel lobbyists.
- ABC management, in a state of panic, aimed to preempt negative publicity and appease lobbyists.
- Lattouf claimed her termination was due to her political opinions and alleged discrimination based on race; only the former was upheld.
Court Findings and Judgment
- The court found ABC breached section 772(1) of the Fair Work Act by terminating Lattouf based on her political opinion.
- There was insufficient evidence that ABC terminated Lattouf due to her race or national extraction.
- The executive responsible for removal acted quickly to mitigate expected public backlash and media reports.
- The court accepted psychiatric evidence that Lattouf suffered aggravated depression due to her dismissal and its publicity.
Compensation and Future Proceedings
- Lattouf was awarded $70,000 for non-economic loss, less than the $100,000–$150,000 sought.
- A separate hearing will determine whether a pecuniary penalty should be imposed on the ABC.
ABC and Legal Responses
- ABC's managing director apologized for the handling and distress caused to Lattouf.
- Lattouf's lawyer intends to seek a significant penalty to deter recurrence of such conduct.
- The ABC argued Lattouf was removed for not following advice against posting about the war, but the court found this was only advice, not a directive.
Decisions
- ABC unlawfully terminated Lattouf for her political opinion.
- Lattouf awarded $70,000 in compensation for non-economic loss.
- Court to consider pecuniary penalties against ABC in a future hearing.
Action Items
- TBD – Lattouf's legal team: Request court to impose significant penalty on ABC.
- TBD – Court/ABC: Schedule and hold a hearing on possible pecuniary penalty.