What the Antoinette Lattouf decision means for employers and employees
Antoinette Lattouf's victory against the ABC in her unlawful termination case is expected to trigger a flurry of disputes about the scope of workers' protections against being sacked over their political views.
In a decision on Wednesday, Federal Court Justice Darryl Rangiah found the ABC sought to appease pro-Israel lobbyists in 2023 by axing Lattouf's five-day Sydney radio contract after three days because 'she held political opinions opposing the Israeli military campaign in Gaza'.
This contravened Fair Work Act protections against the termination of employment on grounds including political opinion. Lattouf's opinions had been expressed on social media but not on radio.
Michael Bradley, managing partner of Marque Lawyers, said Rangiah found both 'holding political opinions and expressing them' were protected, 'and he took a pretty wide view of how that protection works'.
Asked if the Lattouf decision would encourage other employees to test the limits of the law, he said: 'Yes, it definitely will. Those conversations are already happening.'
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But the decision did not mean employers could never impose limits on employees' public expression of political opinions.
No direction issued to Lattouf
Bradley said Rangiah did not 'engage with the scenario where an employee has been directed not to … go on social media and make comments on political issues' because he found that in Lattouf's case 'there wasn't a direction at all, just advice'.
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