Court D-Day arrives for Antoinette Lattouf over ABC sacking

News.com.au

6 hours ago

Journalist Antoinette Lattouf will today learn her fate after she sued the ABC over their decision to take her from the air in the wake of a series of pro-Palestine social media posts.
Ms Lattouf sued the ABC in the Federal Court after she was sent home for the final two days of a five-day stint on ABC Radio's Sydney Mornings program in the lead up to Christmas in 2023.
Ms Lattouf was called up as a fill-in host for five shifts starting on Monday, December 18, but was told not to come in for the final two shows.
She had claimed she was unlawfully dismissed after sharing a post on social media by Human Rights Watch reading: 'HRW reporting starvation as a tool of war.
'The Israeli government is using starvation of civilians as a weapon of war in Gaza'
She says that she was sacked after sharing the post about the Israel-Gaza war and as a result of a flurry of emails from pro-Israel supporters.
Justice Darryl Rangiah is due to hand down his findings in the Federal Court on Wednesday morning.
The ABC argued that Ms Lattouf's employment was not terminated and that when she was told that she was not required to appear on air on Thursday, December 21 and Friday, December 22, it was not motivated by her political opinions.
Ms Lattouf's legal team argued that she was rendered 'pretty much unemployable' as a result of the saga having been accused of misconduct by the ABC.
She argues that she suffered 'significant pain, hurt, humiliation and distress as a result of the egregious treatment meted out to her by the ABC' and that her 'reputation was sullied'.
Ms Lattouf was asking the court for $100,000 to $150,000 for non-economic loss.
In the Federal Court her legal team alleged former ABC chair Ita Buttrose, then-managing director David Anderson and head of content Chris Oliver-Taylor made the decision to axe her after receiving a host of complaints about her pro-Palestinian politics.
During the blockbuster trial, the court heard that Ms Buttrose fired off an email to managing editor David Anderson on Tuesday, December 19.
'Has Antoinette been replaced. I am over getting emails about her,' Ms Buttrose said in the email.
During her evidence, Ms Buttrose denied that this was proof that she wanted Ms Lattouf fired.
'If I wanted somebody removed, I'd be franker than that,' Ms Buttrose told the court at the time.
The court heard that Mr Anderson replied: 'Antoinette will finish up on Friday. It's a managed exit given the situation. I can explain more tomorrow.'
Ms Buttrose followed it up with another email at 9.59pm: 'I have a whole clutch more of complaints. Why can't she come down with flu? Or Covid. Or a stomach upset? We owe her nothing, we are copping criticism because she wasn't honest when she was appointed.
'Managed exit. Really.
'I don't like emailing you late but I am wrapping present. We should be in damage control not managed exits David.'
Much of the case centred on what Ms Lattouf was told in a telephone conversation with her boss, then ABC Radio Sydney content director Elizabeth Green, on the afternoon of Monday December 18 – the day of the first of her five shifts.
Ms Green told the court that she told Ms Lattouf: 'Obviously as an ABC presenter, you need to be impartial, that includes on social media. I wouldn't give anyone any ammunition for complaints, so would be best if you don't post anything related to the Israel/Palestine situation on social media while you're with us.'
While Ms Lattouf told the court that she was told by Ms Green: 'It's probably best that you keep a low profile on Twitter and maybe don't tweet anything.'
The court heard that following the discovery of some of Ms Lattouf's social media posts, Mr Oliver-Taylor texted Mr Anderson on Wednesday, December 20 saying that Ms Lattouf had: 'breached our editorial policies while in our employment.
'She also failed to follow a direction from her producer not to post anything while working with the ABC. As a result of this, I have no option but to stand her down.'
Ms Lattout was paid for all five shifts.
'On Wednesday, 20 December 2023, Ms Lattouf was advised that she would not be required to present on Thursday, 21 December 2023 and Friday, 22 December 2023, being the last two shifts of the engagement,' the ABC's lawyers said in its submissions to the court.
'That is, the ABC altered the work that Ms Lattouf was required to undertake on the last two shifts by not requiring her to undertake any work – as it was contractually expressly entitled to do.'