ABC blames ‘perfect storm’ for journo’s illegal sacking
Adelaide Lang and Tom Wark |
The ABC has blamed a “perfect storm” for the decision to illegally fire a journalist in what has been described as a placation of pro-Israeli lobbyists who complained about her views.
Antoinette Lattouf won an unlawful termination case against the national broadcaster in June after she was sacked from a casual role on ABC Radio Sydney’s Mornings program in 2023.
The Federal Court awarded Lattouf $70,000 in damages after she was dismissed three days into a five-day hosting stint, following a co-ordinated campaign of complaints from pro-Israel lobbyists.
The ABC argues the fine for the conduct should be limited to between $37,560 and $56,340, but the journalist is pushing for almost 10 times that to be paid to her directly.
But lawyers for the ABC said the illegal conduct was borne out of a single decision made by chief content officer Christopher Oliver-Taylor under stressful circumstances that were unlikely to be repeated.
Ian Neil SC cited the “febrile state of controversy” over the Israel-Palestine war, the continuing barrage of complaints and a looming article about Lattouf in The Australian at the time.
The atmosphere of pressure, stress, confusion and panic resulted in a decision “conceived and executed in haste”, he told the court.
“There is no sensible possibility that the ABC or any other employer will ever again be presented with the perfect storm that confronted Mr Oliver-Taylor,” ABC lawyers said in a written submission.
“The context in which the contraventions occurred was extraordinary and unique and the contravening conduct that resulted was a true ‘one off’.”
Justice Darryl Rangiah in June found the ABC breached employment law by dismissing the journalist for reasons that included her political opinions.
Lattouff, who has Lebanese heritage, shared a Human Rights Watch post saying Israel was using starvation as a “weapon of war” in Gaza before her position was terminated in December 2023.
The ABC was under pressure from an orchestrated campaign of complaints against Lattouf, who was not given a chance to defend herself but was instead shown the door, Justice Rangiah found.
“The ABC unlawfully terminated Ms Lattouf in a craven placation of pro-Israeli lobbyists,” her lawyers wrote to the court.
“It is unclear what, if any, corrective action has occurred … and it should not be assumed that the ABC will not succumb to external pressure again in the future.”
The lobbyists had achieved their aim of having Lattouf taken off air, her barrister Philip Boncardo said.
He said the fines put forward by the ABC were “a drop in the ocean” for the broadcaster, which has a $1.016 billion annual budget.
But Mr Neil said a fine of up to $56,340 was appropriate because the six counts of illegal conduct “were the product of a single inadvertent mistake”.
He pointed to a public apology issued to Lattouf and corrective action taken by the board and senior leadership by participating in a one-hour training session.
The court was told the ABC has not investigated the underlying reasons for Lattouf’s sacking, which she raised as a concern when she spoke outside court.
The journalist said she had still not received a personal apology from the broadcaster that “threw me under the bus”.
“The fact that they think that the penalty should be as little as $36,000 doesn’t give me a huge amount of confidence that this won’t happen again at the ABC,” she told journalists.
“I am surprised and disappointed that despite the ABC … wasting $2 million of taxpayer money, they still believe that the penalty should be (so low).”
Justice Rangiah has reserved his decision.
AAP
