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| Antoinette Lattouf wins unlawful termination case against the ABC as federal court delivers judgment | Antoinette Lattouf wins unlawful termination case against the ABC as federal court delivers judgment |
| (32 minutes later) | |
| Journalist was taken off air three days into five-day contract in December 2023 after sharing Gaza post on social media | Journalist was taken off air three days into five-day contract in December 2023 after sharing Gaza post on social media |
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| The ABC breached the Fair Work Act when it terminated casual broadcaster Antoinette Lattouf for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza, the federal court has found. | |
| Justice Darryl Rangiah upheld Lattouf’s claim heard in the federal court in February that she was unlawfully terminated in December 2023 when her on-air shifts were cut short three days into a five-day stint hosting Sydney Mornings. | |
| “The respondent, the Australian Broadcasting Corporation (the ABC) contravened s772(1) of the Fair Work Act 2009 (Cth) (the FWA) by terminating the employment of the applicant, Antoinette Lattouf, for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza,” Rangiah wrote in the judgment. | “The respondent, the Australian Broadcasting Corporation (the ABC) contravened s772(1) of the Fair Work Act 2009 (Cth) (the FWA) by terminating the employment of the applicant, Antoinette Lattouf, for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza,” Rangiah wrote in the judgment. |
| But the court found Lattouf was not terminated because of her race or national extraction. | But the court found Lattouf was not terminated because of her race or national extraction. |
| “The evidence does not support Ms Lattouf’s claims that [David] Anderson, [Ita Buttrose, [Chris] Oliver-Taylor and [Ben] Latimer made or materially contributed to a decision to terminate her employment for reasons that included her race or national extraction,” Rangiah said in the summary of his judgement, which was live-streamed on the federal court’s YouTube channel. | |
| The court ordered that the ABC pay Lattouf compensation of $70,000 for non-economic loss, and set down a date for a hearing on whether pecuniary penalty ought to be imposed on the ABC. | |
| The Fair Work Act says an employer may not take adverse action against an employee because of their political opinion or race. | The Fair Work Act says an employer may not take adverse action against an employee because of their political opinion or race. |
| Before the judge read aloud a summary of the judgment, he handed out the full written reasons for his decision to the lawyers involved. There was a frantic flurry of papers being turned as the lawyers flipped through to find out if their side had won the day, even as Rangiah was still describing the context of the case. | |
| After 10 seconds of reading, one of Lattouf’s barristers, Philip Boncardo, turned to Lattouf behind him and nodded - she had won. She turned incredulous to lawyer Josh Bornstein, sitting next to her, who confirmed the news and Lattouf turned to her husband, sitting in the gallery behind her and mouth: “We won.” | After 10 seconds of reading, one of Lattouf’s barristers, Philip Boncardo, turned to Lattouf behind him and nodded - she had won. She turned incredulous to lawyer Josh Bornstein, sitting next to her, who confirmed the news and Lattouf turned to her husband, sitting in the gallery behind her and mouth: “We won.” |
| Lattouf hugged the lawyers sitting beside her, then bowed her head and cried, as Rangiah continued laying out the history of the events at the heart of the case. | Lattouf hugged the lawyers sitting beside her, then bowed her head and cried, as Rangiah continued laying out the history of the events at the heart of the case. |
| Lattouf was removed after she shared an Instagram post from Human Rights Watch that said Israel had used starvation as a “weapon of war” in Gaza. | Lattouf was removed after she shared an Instagram post from Human Rights Watch that said Israel had used starvation as a “weapon of war” in Gaza. |
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| Her case argued that she was the subject of a pro-Israel lobbying campaign, the purpose of which was to remove her from air because of her social media support of Palestinian human rights. | Her case argued that she was the subject of a pro-Israel lobbying campaign, the purpose of which was to remove her from air because of her social media support of Palestinian human rights. |
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| However, the ABC said she was removed for not following a “direction” not to post about the war while working for the ABC. | However, the ABC said she was removed for not following a “direction” not to post about the war while working for the ABC. |
| Justice Rangiah found Lattouf was “merely provided with advice that it would be best not to post anything controversial about the war” and was not given a direction not to post. | Justice Rangiah found Lattouf was “merely provided with advice that it would be best not to post anything controversial about the war” and was not given a direction not to post. |
| More details to follow | More details to follow |