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Antoinette Lattouf: Court finds journalist unfairly fired over Gaza post Antoinette Lattouf: Court finds journalist unfairly fired over Gaza post
(30 minutes later)
A journalist has won her case against Australia's national broadcaster, with a court ruling she was unfairly sacked over a social media post about the war in Gaza.A journalist has won her case against Australia's national broadcaster, with a court ruling she was unfairly sacked over a social media post about the war in Gaza.
Antoinette Lattouf said the Australian Broadcasting Corporation (ABC) fired her without "proper basis" or "due process" when her five-day contract as a fill-in radio presenter was cut short in December 2023. Antoinette Lattouf said the Australian Broadcasting Corporation (ABC) cut short her stint as a fill-in radio presenter in December 2023 due to her political views, her race and after lobbying from pro-Israel groups.
Hours before her sacking, Lattouf shared a post from Human Rights Watch (HRW) that was critical of Israel, a move that the ABC said breached its editorial policy.Hours before her sacking, Lattouf shared a post from Human Rights Watch (HRW) that was critical of Israel, a move that the ABC said breached its editorial policy.
Lattouf sued for wrongful dismissal, claiming she had been fired due to her political views, her race and after lobbying from pro-Israel groups. The ABC apologised to Lattouf after the ruling, saying that it had "let down our staff and audiences" in its handling of the matter.
"I was punished for my political opinion," Lattouf said outside court after the ruling, adding she will "have more to say in due time". On Wednesday, Justice Darryl Rangiah ruled that the ABC sacked Lattouf for reasons including her opinions on the Israeli military campaign in Gaza. He rejected allegations the presenter - who is of Lebanese heritage - was fired because of her race.
She was awarded damages of A$70,000 (£33,400, $45,400), but Justice Rangiah said he would hear arguments from both sides on further penalties.
Speaking outside court, Lattouf said "punished for my political opinion", adding she will "have more to say in due time".
Her dismissal triggered a wave of public outrage and created turmoil at the public broadcaster - raising questions over its independence and reviving concerns over how it supports staff, particularly those who are culturally diverse.Her dismissal triggered a wave of public outrage and created turmoil at the public broadcaster - raising questions over its independence and reviving concerns over how it supports staff, particularly those who are culturally diverse.
Lattouf - who is of Lebanese heritage - has been a regular contributor in Australian media for years, but also made a name for herself as an activist on issues like racism, discrimination in media and mental health. Lattouf has been a regular contributor in Australian media for years, but also made a name for herself as an activist on issues like racism, discrimination in media and mental health.
The ABC disputed that she was fired, because they had paid her contract in full. The ABC disputed that she was fired, because they had paid her contract in full, and said she had been removed from her duties not as punishment, but to protect the broadcaster's reputation.
On Wednesday, Justice Darryl Rangiah ruled that the ABC did sack Lattouf, for reasons including her opinions on the Israeli military campaign in Gaza. He rejected the allegation she was fired because of her race.
Lattouf was awarded damages of A$70,000 (£33,400, $45,400), but Justice Rangiah said he would hear arguments from both sides on further penalties.
When opening his remarks, Justice Rangiah said the Israel-Gaza war has become the "most covered, contested and controversial news story in the world".When opening his remarks, Justice Rangiah said the Israel-Gaza war has become the "most covered, contested and controversial news story in the world".
The Israeli military launched a campaign in Gaza in response to the Hamas-led attack on southern Israel on 7 October 2023, in which about 1,200 people were killed and 251 others were taken hostage.The Israeli military launched a campaign in Gaza in response to the Hamas-led attack on southern Israel on 7 October 2023, in which about 1,200 people were killed and 251 others were taken hostage.
At least 55,706 people have been killed in Gaza since then, including more than 15,000 children, according to the territory's Hamas-run health ministry.At least 55,706 people have been killed in Gaza since then, including more than 15,000 children, according to the territory's Hamas-run health ministry.
During the case, the ABC argued Lattouf had been told not to post anything about the conflict but Justice Rangiah found Lattouf had been "merely advised not to post anything controversial about the war", rather than being given a clear "direction". During the case, the ABC argued Lattouf was instructed not to post anything about the conflict but Justice Rangiah found Lattouf had been "merely advised not to post anything controversial", rather than being given a "direction".
He said there was a clear "orchestrated campaign by pro-Israel lobbyists to have Lattouf taken off air" right from the outset of her employment, which was causing consternation among senior ABC managers.He said there was a clear "orchestrated campaign by pro-Israel lobbyists to have Lattouf taken off air" right from the outset of her employment, which was causing consternation among senior ABC managers.
When she re-shared the HRW post - which said Israel was using starvation as a tool of war, a claim the country denies - it was "bound to be controversial," Justice Rangiah said, describing her decision as "ill-advised and inconsiderate of her employer". When she re-shared the HRW post - which said Israel was using starvation as a tool of war, a claim the country denies - it was "bound to be controversial", Justice Rangiah said.
The HRW post meant the "consternation" of her bosses "turned into what can be described as a state of panic", the judge said. Describing her decision as "ill-advised and inconsiderate of her employer", he said it turned the "consternation" of her bosses into "what can be described as a state of panic".
"Within the hour, a decision was made that Lattouf would be taken off air," he said."Within the hour, a decision was made that Lattouf would be taken off air," he said.
He said ABC's former ABC chief content officer Chris Oliver-Taylor had "no more than a suspicion" that Lattouf "may" have breached some policy or guideline - but was desperate to "mitigate the anticipated deluge of complaints and criticism" by firing her. He said ABC's former ABC chief content officer Chris Oliver-Taylor had "no more than a suspicion" that Lattouf "may" have breached some policy or guideline - but wanted to "mitigate the anticipated deluge of complaints and criticism" by firing her.
And so, shortly after she finished her third morning as a presenter, Lattouf was told to pack up her things and leave, with the decision to remove her from the airwaves promptly leaked to the media. This left her reputation in tatters, Lattouf says. And so, shortly after she finished her third morning as a presenter, Lattouf was told to pack up her things and leave. The policies she was alleged to have breached were not identified, nor was she given any opportunity to defend herself, the judge said.
She took her case to Australia's Fair Work Commission last year, which, after mediation failed, ruled that she was fired, paving the way for her action in the Federal Court. The decision to remove her from the airwaves was promptly leaked to the media, something Lattouf says left her reputation in tatters.
She took her case to Australia's Fair Work Commission last year, and after a win there, to the Federal Court.
There, Lattouf's team argued the ABC had been influenced by external pressure about her appointment.There, Lattouf's team argued the ABC had been influenced by external pressure about her appointment.
The court heard that ABC's former chair Ita Buttrose had forwarded several emails complaining about Lattouf to senior managers. The court heard that ABC's former chair Ita Buttrose and former managing direction David Anderson had forwarded several emails complaining about Lattouf to Oliver-Taylor.
The BBC has also seen dozens of WhatsApp messages from two groups that show a concerted letter-writing campaign against Lattouf in the days before she was fired. Justice Rangiah said the decision to sack Lattouf was Oliver-Taylor's alone, but Anderson's opinion of her had influenced him.
The ABC's barrister, Ian Neil SC, argued that Lattouf had not been fired and was simply told she wouldn't need to work the final two days of her contract, saying "we're talking about two shifts, two programs". In a statement, new ABC Managing Director Hugh Marks said it was clear the matter "was not handled in line with our values and expectations".
Neil also maintained that cutting short the contract was not about sanctioning Lattouf, but rather to protect the reputation of the broadcaster. "[It] has caused concerns to be expressed about the ABC's independence and integrity, which are critical to the great trust the Australian public places in us."
"Taking someone off air is designed to protect the ABC, not to punish the employee," Neil said in closing arguments. There was "much to consider" in the wake of the decision, he said, adding that the company's social media guidelines have already been reviewed and replaced.
Outside the court, Lattouf's lawyer said his client had "emphatically" won her legal battle with the broadcaster and the ruling "goes right to the top of the ABC". Outside the court, Lattouf's lawyer said the ruling "goes right to the top of the ABC" and "undermines" its credibility, adding that "significant penalties" will be sought and claiming that the broadcaster continues to "blacklist" Lattouf.
The decision "undermines" the ABC's credibility and they will seek "significant penalties", he said, claiming that the broadcaster continues to "blacklist" Lattouf.
Additional reporting by Tiffanie Turnbull.Additional reporting by Tiffanie Turnbull.