Australia: WPF Commends Victory for Antoinette Lattouf as Fair Work Commission Rules in Her Favor Against ABC
Mediation following FWC unsuccessful, Lattouf brings case to Federal Court
Location: Australia, Sydney
Date: June 3, 2024Updated: October 28, 2024
Women Press Freedom welcomes the judgment of the Fair Work Commission that found that broadcaster Antoinette Lattouf was fired by the Australian Broadcasting Corporation (ABC). Lattouf was dismissed from a presenting role on ABC Radio Sydney in last year. The firing occurred following a social media post by Lattouf sharing a Human Rights Watch claim about Israel's actions in Gaza. The FWC's decision rejects the ABC's argument that Lattouf had not been terminated. This ruling paves the way for Lattouf’s unfair dismissal case to proceed in Federal Court. Her legal complaint also claims racial discrimination, pointing to systemic issues at ABC against people of color. We stand in complete solidarity with Lattouf and urge the court to find in her favor.
“I remain committed to achieving a just outcome in this matter, for me and a free and fair press. An unprecedented amount of journalists have been targeted and killed in Palestine. Countless journalists in Australia are also under attack. The truth isn’t always convenient or comfortable, but it doesn’t stop being factual,” stated journalist and advocate Antoinette Lattouf after scoring a victory in her unfair dismissal case against the Australian Broadcasting Corporation (ABC).
On June 3, 2024, the Fair Work Commission (FWC), Australia's workplace tribunal, ruled that Lattouf was unfairly terminated by the ABC. This judgment followed the ABC’s challenge to the jurisdiction of her unfair dismissal lawsuit filed in February. On June 25, 2024, Lattouf announced that mediation was unsuccessful and that she will take the case to the Federal Court of Australia.
Lattouf was dismissed from a casual presenting role on ABC Radio Sydney in December 2023, just three days into a five-day assignment, after posting on social media about a Human Rights Watch claim regarding Israel's use of starvation tactics in Gaza.
Although she had agreed with ABC to maintain a low profile on social media, conflicting internal advice about whether she was directed or advised not to post contributed to the FWC's findings.
FWC Deputy President Gerard Boyce stated in his judgment, “In this case, I find that the employment relationship between the applicant and the ABC was terminated at the ABC’s initiative.”
Lattouf’s lawsuit alleges racial discrimination by ABC. Leaked WhatsApp messages, published by The Age on January 15, 2024, revealed a campaign by pro-Israel lobbyists pressuring ABC management to fire Lattouf. Women Press Freedom has documented several incidents where women journalists in Australia have faced smears, harassment and loss of employment for speaking publicly about the Israel-Hamas war.
Despite being pleased with the FWC's finding, Lattouf expressed disappointment with the public broadcaster, saying, “I was fired for posting a fact the ABC itself was also reporting, namely a report of Human Rights Watch about starvation used as a tool of war.
She criticized ABC's challenge as a waste of taxpayers’ money, causing unnecessary delays in her pursuit of justice.
Lattouf's attorney, Josh Bornstein, stated that the decision "comprehensively rejected" the ABC's challenge, allowing the case to continue to the Federal Court.
In October 28, 2023, Lattouf’s legal team revealed that they will argue in an upcoming Federal Court hearing that former ABC chair Ita Buttrose and outgoing managing director David Anderson were involved in the journalist’s dismissal. Her case, set for a five-day hearing in February, contends that the ABC's chief content officer, Chris Oliver-Taylor, was the official decision-maker. However, Lattouf's lawyers assert that Buttrose and Anderson were either decision-makers or significantly involved in the process.
The ABC plans to challenge this, maintaining that only Oliver-Taylor made the decision. During the proceedings, multiple ABC witnesses may be cross-examined.
Women Press Freedom welcomes the FWC judgment that allows Lattouf to proceed with her claims that she was terminated due to her political opinions and race. The ABC must address these serious accusations and ensure fair and equitable treatment of all its journalists, particularly those of color. We support Lattouf's decision to file against ABC and urge the Federal Court to rule in her favor.
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