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The Guardian
02-07-2025
- Politics
- The Guardian
Lattouf took unlawful termination case to court as ‘public has a right to know what is happening' at ABC
Antoinette Lattouf has said she pursued her unlawful termination case against the ABC through to the federal court to shed light on the behind-the-scenes decision-making at the public broadcaster, saying 'the public has a right to know'. In her first extensive public comments since winning her case against the ABC last week, Lattouf said wanted to make information that had been uncovered by her legal team in the early phases of her action public. 'I said to my lawyers at that point, we just need to get to trial. We need to get to court,' Lattouf said. 'We had all of that information and all of those emails, and if we had not gone to trial, they would never have come out. The public has a right to know what is happening at our public broadcaster … and against the backdrop of an unfolding genocide, let's not forget.' Lattouf's comments came as part of the first episode of her new podcast with Jan Fran, We Used To Be Journos. In it, Lattouf and Fran discuss in depth the proceedings that resulted in the federal court finding last week that the ABC unlawfully terminated Lattouf's employment for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza. Senior ABC managers had panicked after an 'orchestrated campaign by pro-Israel lobbyists to have Ms Lattouf taken off air', Justice Darryl Rangiah said in his judgment, upholding Lattouf's claim that she was unlawfully terminated in December 2023 when her on-air shifts were cut short three days into a five-day stint hosting Sydney Mornings. Lattouf acknowledged in the podcast that the ABC managing director, Hugh Marks, had publicly apologised on behalf of the ABC. But she said she had not been contacted directly by him or any other representative of the ABC to personally deliver that apology. 'I want an apology from Kim Williams, the chair of the ABC,' Lattouf said. 'At the National Press Club, just late last year, he spoke venomously about me in front of a room – you know, it was broadcast on the ABC – in front of a room of journalists. He denied that I was sacked, despite the Fair Work Commission finding that I was sacked. He spoke with derision in his voice.' Sign up for Guardian Australia's breaking news email Lattouf also described as 'horrendous' comments made in court by Williams' predecessor, the former ABC chair Ita Buttrose, regarding Lattouf's race. Asked in court if she knew Lattouf was Lebanese, Buttrose replied: 'No I didn't, I didn't know what she was. I read later that she was Lebanese … People's colour doesn't really worry me at all.' Lattouf said in the podcast: 'Honestly, at that point, I felt like she was talking about me like I was a breed of dog.' When asked for her response to the podcast, Buttrose said she had no comment. Williams, who was not chair at the time of Lattouf's employment, gave a televised address to the National Press Club in November last year, after the Fair Work Commission determined in June that Lattouf had been sacked, paving the way for the journalist to pursue legal action in the federal court. The case was heard there in February. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion In response to a question from the Mandarin reporter Dan Holmes, Williams acknowledged the legal dispute with Lattouf and said: 'We have been impeccably silent about the matter, unlike Ms Lattouf and her representatives who seem to have been devoted to sharing on a regular basis with the media.' Williams said the ABC was 'hopeful that it is capable of sensible constructive respectful resolution', and continued, in contradiction to the Fair Work Commission finding: 'But I must correct you: Ms Lattouf was not dismissed. Ms Lattouf had a five-day contract and under that contract, the contract was brought to a close on the end of the third day, so it affected the final two days of that contract which of course were paid.' Lattouf said in the podcast she mistrusted Williams, and the broader ABC board. 'Hugh Marks can come out and give a 'well, we regret this happened and processes weren't followed' kind of a response, but I'm not buying that this won't happen again,' Lattouf said. In response to a request for comment, Williams said: 'I only ever wished for the matter between Ms Lattouf and the ABC to be settled and regret that was unable to be achieved. 'I have never said anything negative about Ms Lattouf and nor would I do so. The Managing Director has issued an appropriate response from the ABC including an expression of regret and apology. I support that statement.' The ABC has been approached for comment.
ABC News
25-06-2025
- Politics
- ABC News
The ABC's own goal on Antoinette Lattouf should be a moment of reflection
The ABC fired radio presenter Antoinette Lattouf. They failed to give Lattouf the opportunity to respond to misconduct allegations. The executives involved were motivated in response to her political opinions about the Israeli military campaign in Gaza, and bowed to pressure from pro-Israel lobbyists. In executing this action, the ABC breached the Enterprise Agreement and the Fair Work Act. The actions were unlawful. These statements may be up for discussion, but they are no longer up for debate. They have been determined as fact by Justice Darryl Rangiah in the Federal Court of Australia. Throughout the proceedings, the ABC consistently denied it had acted unlawfully. It said it was not motivated by Lattouf's race, national extraction or political opinion. Lattouf was on a casual contract, to present Mornings on ABC Radio Sydney from Monday, December 18 to Friday, December 23, 2023. Her employment was terminated on Wednesday after she reposted a Human Rights Watch video to her Instagram story with the caption "HRW reporting starvation as a tool of war." Complaints from pro-Israel lobbyists, however, had already started rolling in prior to her social media post. Justice Rangiah noted: "The complaints caused great consternation amongst the senior management of the ABC… The consternation of senior managers of the ABC turned into what can be described as a state of panic." The ABC argued its contract with Lattouf enabled it to effectively reduce her hours to zero. It was under no obligation to provide her with work to do or the hours in which to do it, the ABC's lawyers contended. Justice Rangiah disagreed with the ABC on most points in his ruling on Wednesday morning. The only hollow victory for the ABC is that the ruling found none of the executives involved had fired Lattouf due to her national extraction or race. So technically, it didn't act in a racist manner, or discriminate against Lattouf because of her Lebanese heritage. I say hollow victory because the damage has been done. Damage was done when the ABC's lawyers tried to argue that Lattouf's claim of racial discrimination should fail, because she had not proven that "a Lebanese, Arab or Middle Eastern race" existed. This caused ripples and upset in the ABC ranks, in the Lebanese community, and those simply observing who felt a woman shouldn't have to prove the existence of her own racial category and community. The ABC may have subsequently withdrawn the argument, but the damage was done. The damage was also done earlier in the process when the ABC allowed this matter to escalate all the way to the Federal Court. Before the case went to trial, Lattouf sought compensation of $85,000, a public apology and reinstatement as a fill-in radio presenter. Now, in addition to the $70,000 the ABC has been ordered to pay Lattouf for her non-economic losses, there could be pecuniary penalties. Plus, there's the legal costs, which exceed $1 million. In this week's special MediaLand episode about the ruling, Marque Lawyers' Michael Bradley told me that the ABC should never have allowed the matter to go to court. "The fact that it's lost in court is devastating [for the ABC], but even if it hadn't, it had done enormous damage to itself both through its actions that led to the case and then in its conduct and defence of the litigation. It should never have allowed it to go to court. It should have resolved it. It should have accepted that it completely stuffed up the handling of Antoinette's situation, and it should have stood up and just dealt with that sensibly," he said. "Taking that all the way through a trial, exposing the inner workings of its management and board to public scrutiny and ridicule, all did enormous harm to the reputation and standing of the institution — which for those of us who love the ABC, which is most of us, is really disappointing and unsettling." So, as well as the financial cost, the ABC has damaged its reputation, and public perceptions around its ideals, integrity and independence. Justice Rangiah's quote in the ruling would certainly give rise to concerns about interference and independence. "The decision was made to appease the pro-Israel lobbyists who would inevitably escalate their complaints about the ABC employing a presenter they perceived to have anti-Semitic and anti-Israel opinions in such a public position," he said. These concerns were reiterated by Lattouf's lawyer Josh Bornstein, who said outside the court: "This unlawful decision goes right to the top of the ABC." Indeed the ABC's former chair, Ita Buttrose, its former managing director, David Anderson, and its former chief content officer Chris Oliver-Taylor all had different versions of events about who made the decision to fire Lattouf, and who was ultimately responsible for its mishandling. The escalating pressure and panic facing the trio is perhaps best summed up by the now infamous late-night email from Buttrose. "Has Antoinette been replaced. I am over getting emails about her." Buttrose denied this was a direct instruction to fire Lattouf. Throughout the trial, it was unclear who would take responsibility for Lattouf's poor treatment. Now though, it's clear that the ABC acted unlawfully. It's clear that its previous management was willing to cave to pressure from lobbyists. It's clear audiences and taxpayers feel let down by the ABC once again becoming the story, the amount of money spent defending the action, and the dark truths it has exposed about the ABC's operations. The ABC's new managing director, Hugh Marks, admitted on ABC TV that "many millions of dollars have been spent that shouldn't have been" in defending these actions, and that it "would have been ideal if this did not go to court". He rejected the idea, however, that processes needed to change. "I don't know that we need to change our processes. They already exist. The facts are in this case the judge found they weren't followed," he said. Despite this assertion, in an official statement Marks did concede the ABC's social media rules will get a shake-up. "Due to confusion expressed about the Personal Use of Social Media Guidelines, which was canvassed during the case, these have been reviewed and will be replaced with new Public Comment Guidelines. We will talk more about this in coming weeks." He also noted: "We regret how the decision to remove Ms Lattouf from air was handled and the distress occasioned her. We extend our sincere apologies to Ms Lattouf and wish her well in her future endeavours." That's 18 months between when the ABC unlawfully fired Lattouf in a state of panic to avoid further scrutiny and pressure and when she received an apology. Eighteen months of increased attention and criticism in a failed attempt to quash attention and criticism. How long it takes for the ABC to recover the respect and reputation it has lost in that time, remains to be seen.
The Guardian
25-06-2025
- 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
25-06-2025
- 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
24-06-2025
- 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
