Latest news with #AntoinetteLattouf
The Guardian
28-02-2025
- Business
- The Guardian
Lattouf v the ABC: how a five-day contract sparked a 14-month, multi-million dollar legal saga
The case of Antoinette Lattouf vs the ABC is finally done. What began as a casual fill-in gig for Lattouf – hired to be a presenter for five days in the downward run into the Christmas period in 2023 – has turned into a sprawling, million-dollar unlawful termination case splashed across every news outlet for weeks. One cannot imagine there has ever been a week-long casual presenting job at the ABC that has ever attracted this much attention or cost the national broadcaster so much. The agreed facts are these: Lattouf was hired as a fill-in presenter on ABC Radio Sydney's Mornings program in December 2023. Three days in to a five-day contract, after ABC management had received multiple coordinated complaints about Lattouf's presence on air, the ABC was alerted to a post of Lattouf's on Instagram about the war in Gaza. Lattouf was asked by management to pack her things and leave and informed that her services would not be required for the rest of the week. Why this happened, and whether the ABC broke any laws in doing what it did, is what has been at issue over nearly two weeks of this case, which concluded before the federal court in Sydney on Friday. The financial costs of it all were revealed this week when the ABC told Senate estimates it had spent $1.1m on external legal representation to defend the case. Lattouf has indicated that her legal fees approach the million-dollar mark as well, posting on Instagram that the money raised from a Go Fund Me for her legal costs 'accounts for about a quarter of the cost of this litigation'. At the time, the fundraiser had received about $180,000 in donations. But the emotional costs were also on display on Friday afternoon. At the end of proceedings, Lattouf addressed the media, speaking publicly for the first time since her case against the ABC began, her hands shaking violently. The journalist made it through several minutes of her speech before her composure cracked. 'I could not have done this alone. There were days I could barely get out of bed. The public's unwavering support kept me standing,' she said, pausing while tears came. 'From the bottom of my heart, I thank you. You gave me strength when I felt that I was drowning from the weight of this.' There was drama in the courtroom, even on the last day, as the ABC's barrister, Ian Neil SC, presented his closing arguments. Neil told Justice Darryl Rangiah that if the judge should find that the ABC had broken the law in the handling of Lattouf's employment that 'the compensation should be no more than modest', disputing her claim for compensation due to emotional distress. He conceded that the ABC's conduct towards Lattouf 'caused her distress and was a negative consequence', but said 'a reasonable person wouldn't predict that Ms Lattouf being removed from the air in the circumstances would cause her distress.' Lattouf sat through this exchange, head bowed, eyes closed, shaking her head. Oshie Fagir, Lattouf's barrister, strongly disagreed. She said on Friday that the ABC had defended the case in such an 'objectionable' way – including in the personal matters on which Lattouf was cross-examined by the ABC – that he would seek additional compensation if his client was successful. One part of Neil's closing argument had Lattouf's side of the courtroom rippling with apparently furious energy; Lattouf standing up to walk to her solicitor and whisper to him. The ABC has claimed throughout this case that Lattouf was not sacked from her role, merely asked not to present the final two shows, something Neil argued it was contractually allowed to do. He also disputed that taking Lattouf off air was meant as a sanction. 'Taking someone off air is designed to protect the ABC, not to punish the employee,' he said. 'It may be both,' suggested Rangiah. 'But in this case, it was only the first,' said Neil. 'Literally, no one ever talks about punishing her, or sanctioning her … And what is the punishment, we ask rhetorically. You don't have to do work, but you get paid for it? We always have the right to tell you not to do any work; we're telling you not to do any work. Are we punishing you? Are we disciplining you? Are we taking money off you?' Rangiah pressed him: 'So if an employee is suspended from their employment and still paid for it. That's not an adverse consequence for them?' 'It would depend on the circumstances,' said Neil. 'But here we're talking about two shifts, two programs.' Lattouf told the press pack at the conclusion of proceedings, it was never about two missed shifts. 'This case was never just about me, it was never about five days of work, it was about protecting the principles that should matter to all of us.' Rangiah has retired to deliberate, and it will probably be months before Lattouf, the ABC and the watching public, learn of his decision.
The Guardian
26-02-2025
- Politics
- The Guardian
Antoinette Lattouf v ABC hearing live: closing arguments in high-stakes court battle underway
Amanda Meade The events that brought Lattouf and ABC to this point Antoinette Lattouf, a 41-year-old freelance journalist, lost her job in December 2023 after she shared a Human Rights Watch post about the Israel-Gaza war while employed in a casual role for ABC Radio. After she was dismissed, three days into a five-day casual contract hosting ABC's Sydney Mornings, she took her case to the Fair Work Commission. The ABC argued at the commission that Lattouf was not sacked because she was paid for the full five days of her contract, but the commission found she was sacked, paving the way for her to pursue an unlawful termination case in the federal court. The evidence in chief was heard over seven days earlier in the month, and after a short break the parties return today to present their final submissions. On Monday 18 December Lattouf presented her first show on Mornings from 8.30am to 11am. After lunch, the ABC managing director, David Anderson, sent a number of emails to executives asking them to investigate the multiple complaints he was getting about Lattouf's employment and to provide advice. The complaints were not about the broadcast but about the ABC hiring someone who was critical of Israel's conduct in Gaza. The court was told Anderson wrote in an email: 'Can we ensure that Antoinette is not and has not been posting anything that would suggest she is not impartial', setting off a chain of events leading to this high-profile trial. According to Lattouf's statement of claim, the complaints were 'sent by members of Lawyers for Israel and Jewish Creatives and Academics' and 'sought to pressure the ABC to … terminate the employment of the applicant'. The former ABC chair Ita Buttrose said in her affidavit she 'did not recognise or know of any of the names of the persons from whom I received complaint emails, although, from their names, I assumed that many of them were of a Jewish background'. The issue for me was not whether Ms Lattouf was pro-Palestinian or pro-Israeli. Rather, the issue was that Ms Lattouf appeared to be an activist in relation to the Israel-Gaza conflict, which was a serious and contentious matter of concern in the community, regardless of which side of that conflict she was an activist for. I do not support the hiring of activists of any cause to the ABC. At the beginning of the trial Justice Darryl Rangiah granted a suppression order on the names of the individuals in those groups. The hearing kicks off with the applicant's closing submissions listed for two hours, followed by the respondent's closing before and after the lunch break. If the parties don't get through their submissions today the court will sit again on Friday. The former ABC chair Ita Buttrose leaves the federal court after giving her evidence in the Antoinette Lattouf hearing. Photograph: Dean Lewins/AAP Share Hi, I'm Nino Bucci, and I'll be watching day eight of the Antoinette Lattouf v ABC unlawful termination claim. Over today and possibly Friday we will hear the closing arguments from both sides. The hearing is scheduled to begin at 10.15am and is live streamed on the federal court's YouTube channel. When final submissions have been made Justice Darryl Rangiah will retire to consider his verdict. Share
Yahoo
25-02-2025
- Politics
- Yahoo
ABC admits it should ‘never' have argued Antoinette Lattouf had to prove existence of Lebanese race
The ABC's earlier legal argument that Antoinette Lattouf had to prove the existence of a Lebanese race should 'never have been made', the broadcaster has conceded at a parliamentary committee which heard the case cost $1.1m in external lawyers. The ABC's defence of Lattouf's unlawful termination case originally argued she must prove the existence of a Lebanese, Arab or Middle Eastern race, a tactic which angered ABC staff and Australian Middle Eastern and multicultural groups. After the Fair Work Commission found Lattouf had been sacked last year, she took her case to the federal court alleging she was removed from air due to her political opinions and/or race three days into a five-day casual ABC apologised and withdrew the contentious race argument earlier this month. On Tuesday the broadcaster's chief people officer, Deena Amorelli, told senators that once the court proceedings were finalised the ABC would apologise again to the community and staff for the hurt its legal tactic caused. 'We regret that argument was made,' Amorelli said. 'It should never have been made, and we will apologise.' Related: Ita Buttrose claims 'inconsistencies' in ABC boss David Anderson's affidavit in Antoinette Lattouf case The concession came after questioning by Greens senator Mehreen Faruqi, who asked if the ABC had apologised for the 'hurt and harm' caused to staff who are people of colour or First Nations Australians. A Lebanese-Australian, Lattouf, 41, is a freelance journalist and a co-founder of Media Diversity Australia. The committee heard the ABC had already spent $1.1m on external lawyers, a figure which does not include the cost of its in-house legal team. The case returns for closing submissions on Thursday amid allegations outside court by former chair Ita Buttrose of 'inconsistencies' in outgoing managing director David Anderson's affidavit. Under questioning from Liberal senator Sarah Henderson, acting managing director Melanie Kleyn said the ABC had tried on multiple occasions to settle the matter on a commercial basis 'without admission of liability'. 'The ABC maintains that it did not terminate Ms Lattouf's one-week contract unlawfully but we do obviously understand that this is an impost on public funds, and that is why we have tried to attempt to settle this matter,' she said. 'I can provide the amount spent to date is $1.1 million.' Editorial director Gavin Fang told senators that ABC journalists may use the term 'genocide' in relation to Israel's military offensive in Gaza but they must also reference Israel's denial that they are committing genocide. Related: Antoinette Lattouf v the ABC - podcast Faruqi asked if the ABC had changed its editorial guidance in relation to the use of the word 'genocide'. 'In my opinion, ABC Israel-Palestine coverage is heavily weighted towards covering up Israel's culpability in genocide,' Faruqi said. Fang said ABC journalists did use the word genocide in their reporting. 'I don't believe we've actually changed our guidance on genocide, nor have we ever said that the term genocide could not be used. 'What we've put in our guidance to staff is that it's a highly contentious matter and that, by and large, on most occasions that you would, if you are reporting on allegations of genocide, you need to provide the other perspective on that.'
Yahoo
18-02-2025
- Yahoo
Man arrested over email to ex-ABC host
A man in his 60s has been charged with sending a 'harassing, racially charged email' that 'called for violence and harm' to well-known journalist Antoinette Lattouf. Ms Lattouf took to social media on Tuesday to reveal she went to police late last year after she received a 'harassing, racially charged email from a man I'd never met'. 'It wasn't even the most vile or threatening message I'd received, even though it called for violence and harm,' the presenter wrote. 'But I was exhausted. Frustrated. And I thought: I shouldn't have to cop this. That day, I'd had enough. So I reported it.' Months later, NSW Police called and said they had identified the alleged perpetrator and wanted to place him under arrest. Ms Lattouf said she 'hesitated' before making a statement to police about the alleged harassment. 'Should I go through with this? Was I scared enough? Unsafe enough? Was I worthy of police resources? Women are conditioned to endure hate and harassment. Women of colour, even more so,' she wrote online. 'Maybe he was having a bad day. Maybe he thought it was funny.' However, the journalist said she was swayed by a 'disturbing' observation from a sergeant that 'generally speaking, (people) who are violent to women in person almost always start online'. According to NSW Police, a 61-year-old man was arrested at a house in Lake Cathie, south of Port Macquarie on the NSW North Coast, before 7am on Tuesday. He was charged with using a carriage service to menace/harass/offend. Ms Lattouf welcomed the news of the arrest in her social media post. 'Also, if you're copping this abusive sh** online, report it. You shouldn't have to put up with it. We shouldn't normalise it. And as for police resources? L'Oreal it up, babes – yep, you're worth it,' she posted. The arrest comes after a legal battle between Ms Lattouf and the ABC has made headlines in the past two weeks. The former ABC presenter is suing her former employer over allegations she was unlawfully dismissed when she was sacked from her final two shifts while filling in as the host of ABC's Sydney Mornings in December 2023.
The Guardian
11-02-2025
- Politics
- The Guardian
ABC no longer disputes that ‘Lebanese, Middle Eastern or Arab races exist', unlawful termination suit hears
The ABC has amended its legal defence in the unlawful termination suit it is defending in federal court, after outcry about its claims that the onus was on the sacked journalist Antoinette Lattouf to prove the existence of a Lebanese, Arab or Middle Eastern race. On Tuesday, the ABC's lead barrister, Ian Neil SC, began by amending the broadcaster's defence to say that the ABC accepted 'Lattouf is a person of Lebanese and Arab and Middle Eastern descent'. 'We are now instructed as follows: the ABC does not put in issue, that is, it does not dispute or contest that the Lebanese, Middle Eastern or Arab races exist, or that Ms Lattouf is one or more of those races,' said Neil. 'To be entirely clear about this, your honour will understand that the ABC continues to deny that Ms Lattouf's race or national extraction, together with any political opinion she may have had, were reasons for, or part of, the reasons for any the decision to take her off air in December 2023.' The chief people officer, Deena Amorelli, emailed all ABC staff apologising for the distress caused by the legal tactic. 'Last Thursday I wrote to you regarding the ABC's defence of the current proceedings in the federal court brought by Ms Antoinette Lattouf,' Amorelli said in an email seen by Guardian Australia. 'As part of these proceedings, a proposition was made in the ABC's legal submission relating to race and matters that needed to be established by Ms Lattouf in her case against the ABC. This proposition was intended to state the legal elements that must be established, it was not to make a statement about any aspect of Ms Lattouf's race or national extraction. Sign up for Guardian Australia's breaking news email 'The ABC recognises that, regrettably, this legal argument has caused distress in some sections of the community and our workforce. This was not the ABC's intention. 'Today, the ABC has made clear to the court that it does not dispute or contest Ms Lattouf's race or national extraction being Lebanese, Middle Eastern or Arab. 'The ABC does, however, deny that any action was taken against Ms Lattouf because of her political opinion, race or national extraction. 'The ABC's commitment to diversity remains an important part of the ABC's workplace culture and we will continue to work to foster inclusion for all staff.' Lattouf was hired as a fill-in presenter on ABC Sydney radio for one week in December 2023. She was taken off air three days into a five-day contract after she posted on social media about the Israel-Gaza war. The amendment comes following outcry from cultural groups after the ABC's legal arguments were made public last week. 'It follows that Ms Lattouf's case … insofar as it depends on 'race' as an attribute, must fail,' it said in a submission released by the court. However, Neil said in court on Wednesday that 'the ABC does not deny the existence of any race' and the onus was on Lattouf to provide evidence in relation to any race claim she may make. David Anderson, the ABC's managing director, was asked under cross-examination on Thursday whether he had any doubts that 'there exists a Lebanese race'. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'If somebody tells me they're Lebanese, I don't question whether they mean it's race or national identity,' he said. When pushed by Lattouf's barrister, Oshie Fagir, as to whether there is 'a Lebanese race in your view or not', Anderson replied: 'I haven't formed a view as to whether there is or there isn't.' The Arab Council Australia called the ABC's legal defence 'disturbing' while the president of the Australian Lebanese Association, Raymond Najar, said the ABC's position was 'surreal and blatantly racist'. 'Here we have the head of the national broadcaster accusing Ms Lattouf of being racist for stating facts on the one hand and then erasing her race all within a couple of hours of each other and seemingly blind to the irony of it all,' Najar said. The court is due to hear evidence from the former head of ABC Sydney Steve Ahern, the former ABC chair Ita Buttrose and Lattouf's line manager, Elizabeth Green, on Tuesday, before concluding hearing evidence on Wednesday. Proceedings on Tuesday opened with Justice Darryl Rangiah sternly reprimanding the ABC's legal team after they filed an unredacted version of witness Chris Oliver-Taylor's affidavit, despite a federal court order that the names of the people who complained to the ABC about Lattouf should remain private. The document was taken down later on Monday. 'I am deeply unhappy about the error made by the ABC's legal representatives,' Rangiah said. Neil apologised for what he said was 'human error'. 'As leading counsel responsible for the presentation of the respondent's case, I stand before you this morning to tender my personal apology for what has happened.'
