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The Guardian
3 hours ago
- Politics
- The Guardian
Antoinette Lattouf's 18-month legal saga is over – but the crisis at the heart of it still hasn't been resolved
In the end, Antoinette Lattouf found out she had won her case against the ABC not from the judge who decided in her favour, but from her junior barrister Philip Boncardo. Boncardo – and all the lawyers for both Lattouf and the ABC – were handed Justice Darryl Rangiah's written reasons for the judgment at the start of proceedings on Wednesday, as he started speaking to the packed courtroom. While Rangiah was still laying out the context and background of the case, the lawyers were frantically riffling through the pages to find out what the judge had decided. It took Boncardo less than a minute to find the crucial paragraphs. He turned in his chair and nodded to Lattouf smiling. 'We won,' he mouthed. Lattouf looked incredulous. She turned to her husband, sitting in the public gallery behind her, smiled and nodded. Then she turned to hug the two lawyers sitting beside her, bowed her head and sobbed. Over the next 30 minutes in courtroom 18A of the federal court in Sydney, Rangiah went on to lay out how the ABC had acted unlawfully when it terminated Lattouf, three days into a five-day casual presenting contract on ABC Radio Sydney in December 2023. He ordered the broadcaster to pay Lattouf damages of $70,000 and said it could face further financial penalties, which will be the subject of a future hearing. Rangiah concluded that despite its arguments to the contrary, the ABC had terminated Lattouf for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza, and in doing so breached the Fair Work Act. Lattouf was removed from the ABC program after she shared an Instagram post from Human Rights Watch that said Israel had used starvation as a 'weapon of war' in Gaza – and Rangiah found that was 'bound to be controversial'. He said it was 'ill-advised and inconsiderate of her employer', in light of previous advice she had been given by a manager to refrain from posting anything controversial on social media during the term of her contract – but that taking her off air as a result was unlawful. Sign up for Guardian Australia's breaking news email Rangiah also found the ABC contravened its own enterprise agreement by failing to follow its own procedures – by not informing Lattouf of the allegation of misconduct made against her, or allowing her a reasonable opportunity to defend herself. The decision marked the end of an 18-month-long legal saga which, despite hanging on detailed points of industrial relations laws and editorial policy and protocol, had garnered huge amounts of attention. But the costs of the case – financial and reputational for the ABC, and emotional and professional for Lattouf – are likely to reverberate for a long time. Financially, the ABC's legal fees have run to more than $1m, something that Lattouf's lawyer Josh Bornstein was scathing about as he addressed media outside the court. Bornstein said the ABC rejected a settlement offer from Lattouf's team of $85,000 last July. 'The amount of money spent on a case it could've settled for $85,000 is self-evidently ludicrous, and has been in aid of nothing except to discredit the ABC,' he said. Hugh Marks, the ABC's managing director, who took the role from David Anderson – one of the key figures and witnesses in the Lattouf case – said after the decision that the case was 'certainly not a good use of our funds' and reiterated the apology issued by the ABC in the wake of the judgment. It is, one imagines, convenient for the ABC today that none of the three ABC bosses at the heart of this case are still employed at the broadcaster. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Ita Buttrose had already announced she would not seek another term as chair of the broadcaster before the Lattouf drama happened; but the Lattouf case was believed to be a factor in David Anderson resigning a year into his second five-year contract, and Chris Oliver-Taylor resigning after his role was substantially downgraded by the new ABC chair, Kim Williams. The events at the heart of the case happened at a critical political moment – just two months after the October 7 attack in Israel and two months into the bombardment of Gaza – as community tensions in Australia escalated and instances of antisemitic and Islamophobic violence were reported across the country in increasing numbers. The judge found that Oliver-Taylor had taken the decision to remove Lattouf from her on-air role in part 'to appease the pro-Israel lobbyists who would inevitably escalate their complaints about the ABC employing a presenter they perceived to have antisemitic and anti-Israel opinions'. Rangiah said that complaints to the broadcaster about Lattouf from when she first started broadcasting 'were an orchestrated campaign by pro-Israel lobbyists' which 'caused great consternation amongst the senior management of the ABC'. Lattouf's termination, and the subsequent peek-behind-the-curtains afforded by the court case, went to the heart of a question being asked across Australia: who is allowed to speak on Israel-Gaza, and whether the ABC has the right to dismiss a contractor for expressing an opinion on the matter. Lattouf has previously had much to say about freedom of the press and the huge emotional toll the case had taken on her. On the last day of court proceedings in February, an emotional Lattouf addressed the media, composure cracking: '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 … 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.' But on Wednesday, speaking outside the court, she barely mentioned the case, and didn't mention freedom of the press or the personal cost of the case. Instead, she ended in the same place this whole saga began – by talking about the suffering of the people of Gaza. 'In December 2023, I shared a Human Rights Watch post,' she said. 'This Human Rights Watch post found that Israel was using starvation as a weapon of war in Gaza. It is now June 2025, and Palestinian children are still being starved. We see their images every day, emaciated, still lethal, scavenging through the rubble of scraps.'
The Guardian
5 hours ago
- Politics
- The Guardian
Lattouf wins case against ABC; $500,000 reward to find Falconio's remains; and does ‘adult tummy time' work?
Welcome, readers, to Afternoon Update. 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. 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 a pecuniary penalty ought to be imposed on the ABC. In his judgment, Justice Darryl Rangiah said senior ABC managers were in a 'a state of panic' after an 'orchestrated campaign by pro-Israel lobbyists to have Ms Lattouf taken off air'. The ABC managing director, Hugh Marks, apologised for the broadcaster's handling of Lattouf's employment and for the distress it caused her. Marks said the ABC had reviewed its personal use of social media guidelines for employees, which will be replaced with new public comment guidelines. Zohran Mamdani leads NYC mayoral primary as Cuomo concedes: 'He won' NSW political staffers to appear at caravan plot inquiry after being threatened with arrest for failing to attend Australian police offer $500,000 reward in bid to find murdered British backpacker Peter Falconio's remains Doge employee 'Big Balls' has resigned, says White House official Latest Choice survey reveals Australia's grocery price divide at major supermarkets Gout Gout breaks his own 200m national record in latest stunning run On the Nullarbor plain, the world's largest hydrogen export hub is being developed. Beneath it lies an internationally significant limestone cave system, a fragile home to globally unique creatures and a time capsule of life since the Pliocene including rare cave animals and a record of ancient life forms. Scientists warn the development threatens the treasures below. 'We didn't just lose. We got smashed.' In her first appearance at the National Press Club as opposition leader, Sussan Ley addressed the Liberal party's heavy defeat at the federal election. Ley said she plans to work with every division to better represent voters as the party lays the groundwork for the next election, including preselecting more women. Australia's inflation rate has eased again, down sharply on the previous month's figure of 2.4%, bolstering expectations the Reserve Bank of Australia will lower the cash rate next month and bring further reprieve for mortgage holders. Sign up to Afternoon Update Our Australian afternoon update breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Among the overwhelming quantity of information new parents must digest is the instruction to ensure their child gets adequate 'tummy time' each day. Not content with letting infants have all the fun, adults have now co-opted the practice as a means of postural correction. But does it work, and can adult tummy time undo the dreaded 'tech neck'? Today's starter word is: THEM. You have five goes to get the longest word including the starter word. Play Wordiply. Enjoying the Afternoon Update? Then you'll love our Morning Mail newsletter. Sign up here to start the day with a curated breakdown of the key stories you need to know, and complete your daily news roundup. And follow the latest in US politics by signing up for This Week in Trumpland. If you have a story tip or technical issue viewing this newsletter, please reply to this email. If you are a Guardian supporter and need assistance with regards to contributions and/or digital subscriptions, please email
Daily Telegraph
16 hours ago
- Politics
- Daily Telegraph
Court D-Day arrives for Antoinette Lattouf over ABC sacking
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News. 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. Antoinette Lattouf sued the ABC for unlawful termination. Picture: NewsWire/Flavio Brancaleone. 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. Former ABC chair Ita Buttrose. Picture: NewsWire / Nikki Short 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.' Ex-ABC managing director David Anderson. Picture: NewsWire / Nikki Short 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.' The ABC has asked the court to dismiss Ms Lattouf's lawsuit. Originally published as Court D-Day arrives for Antoinette Lattouf over ABC sacking
The Guardian
a day ago
- Politics
- The Guardian
Antoinette Lattouf v ABC: federal court to hand down judgment on unlawful termination legal battle
A highly charged 18-month dispute over whether the ABC acted unlawfully when casual radio presenter Antoinette Lattouf was abruptly taken off air in 2023 will end on Wednesday when Justice Darryl Rangiah hands down his judgment in the federal court. Lattouf began hosting the ABC Sydney Mornings radio program on Monday, 18 December 2023. The next day she reposted a Human Rights Watch post reporting the Israeli military using starvation as a weapon of war in Gaza. After the program aired on Wednesday, Lattouf was called into a meeting and told she would not be hosting the final two mornings set out in her contract because of the post. Sign up for Guardian Australia's breaking news email The refusal of the ABC to allow Lattouf to finish her on air shifts sparked a legal fight which damaged the ABC's reputation and has already cost taxpayers more than $1m in external legal fees. The ABC's position was, and still is, that Lattouf's employment was not actually terminated as she was paid for the full five days – or, in their words, that 'her employment … ended by effluxion of time at the conclusion of the applicant's rostered shift on 22 December 2023.' Last June, the Fair Work Commission found she was sacked, paving the way for the unlawful termination case in the federal court. Lattouf's case is that the ABC dismissed her for reasons that included her race and political opinion. The court heard those opinions included her opposition to the Israeli military campaign in Gaza and her support of Palestinians' human rights. She also contends the ABC failed to comply with the provisions on termination in its enterprise agreement. At 10.15am Wednesday in a judgment that will be livestreamed on the federal court's YouTube account, Rangiah will reveal whether Lattouf's case succeeded, and if so, how much the ABC has to pay the journalist in non-economic loss for pain and suffering. She has asked for between $100,00 and $150,000. During the seven-day trial, which was live-streamed, a number of the ABC's top brass were called to give evidence about the events leading to Lattouf's sacking, including former ABC chair Ita Buttrose, former managing director David Anderson, chief content director Chris Oliver-Taylor and Sydney radio manager Steve Ahern. The ABC told the court it received multiple emails from members of a pro-Israel group that was critical of the broadcaster for hiring Lattouf, who had an active social media profile critical of Israel's actions. The ABC denied it was influenced by the email-writing campaign and said Lattouf was taken off air because she was advised 'not to post anything that could be perceived as controversial on your socials'. The court heard Anderson sent a late-night text to Oliver-Taylor after taking a deep dive into Lattouf's social media accounts. 'I think we have an Antoinette issue,' Anderson wrote on Monday night. Documents lodged with the federal court showed Buttrose sent six emails in rapid succession detailing complaints about Lattouf to Oliver-Taylor in the hours leading up to the casual presenter's dismissal. Lattouf's line manager, Elizabeth Green, told the court she felt pressure emanating from above from day one: 'There was pressure from the Monday to get rid of Ms Lattouf.' Buttrose told the court she did not pressure Anderson to take Lattouf off air even though she believed it was 'quite apparent' the journalist was an 'activist' in relation to the Israel-Gaza conflict. The ABC's multi-layered management structure and labyrinthine internal policies came under the microscope in court. Oliver-Taylor, who made the final decision to take her off air, told the court he 'confused' the ABC's social media, editorial and impartiality policies. The University of Sydney's professor of labour law, Shae McCrystal, says Rangiah has to decide whether the ABC contravened either or both sections 50 and 772 of the Fair Work Act. Section 50 says an employer must abide by the provisions of the staff enterprise agreement when terminating someone's employment, and section 772 says an employer can not terminate an employee on the basis of their race or political opinion. Lattouf's lawyers argued she was 'was dismissed in a way that did not comply with the provisions on termination within the enterprise agreement,' McCrystal told Guardian Australia. 'So the argument that Lattouf's lawyers have made is that the decision to terminate her employment was made for a reason, or reasons that include her race and or her political opinion. 'Once you make that allegation under the Fair Work Act, the onus then shifts to the employer to establish that it did not act for the reason so alleged. 'That's why you've got Buttrose and other senior ABC people testifying, because it came down to determining the reason she was terminated.' In final submissions, Lattouf's legal team said the court should find the ABC contravened the act and award her 'compensation for non-economic loss for hurt, humiliation, pain and suffering and the exacerbation of a psychiatric illness'. The ABC's final submission denies Lattouf's employment was terminated; that the enterprise agreement was contravened and that the decision 'was motivated to any degree by Ms Lattouf's political opinions, race or national extraction'.
