Journalist seeks $350,000 fine after illegal ABC sacking
Source: AAP
The ABC has been accused of paying lip service to an apology after arguing against a $350,000 fine for illegally sacking journalist Antoinette Lattouf.
Lattouf won an unlawful termination case against the national broadcaster in June after she was sacked from a casual role on ABC Radio Sydney’s Mornings program in 2023.
The Federal Court awarded Lattouf $70,000 in damages after she was dismissed three days into a five-day hosting stint, following a co-ordinated campaign of complaints from pro-Israel lobbyists.
Since then the ABC has submitted it should be fined between $37,560 and $56,340, but Lattouf wants nearly 10 times that.
A fine of $300,000 to $350,000 was necessary to prevent future breaches, her lawyers told Justice Darryl Rangiah on Wednesday.
Lattouf’s lawyers also criticised the broadcaster’s apology for its handling of the decision to remove her as self-serving.
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“The expressions of regret … are performative,” Oshie Fagir told the ABC’s chief people officer on Wednesday.
Deena Amorelli dismissed the claim, saying the court ruling had “reverberated throughout the organisation”.
However, she acknowledged the outcome was yet to prompt an inquiry into why Lattouf was sacked, including why the email complaints led to the illegal decision.
Remedial action taken by the ABC was limited to a one-hour training session delivered to its board and executive leadership team, Amorelli said.
“We have not conducted independent investigations,” she said.
“We have reflected on the decision handed down by Your Honour and the lessons learned from that.”
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In June, Justice Darryl Rangiah found the ABC breached employment law by dismissing Lattouf for reasons that included her political opinions.
Lattouff, who has Lebanese heritage, shared a Human Rights Watch post saying Israel was using starvation as a “weapon of war” in Gaza before her position was terminated in December 2023.
On Wednesday, her lawyers argued the question yet to be determined was “what level of sting is needed” to ensure the ABC didn’t repeat its behaviour when receiving complaints about an employee.
The $37,560 figure the broadcaster had suggested was “an infinitesimally small amount of money in context of the ABC’s financial and budgetary position”, Fagir said, referencing the ABC’s $1.016 billion annual budget.
Lattouf’s lawyer Josh Bernstein said she had offered in August 2024 to settle the case for $85,000, after her damages award. Other conditions included an apology and another five radio shifts.
But ABC managing director Hugh Marks previously said the extra radio slots were a sticking point because they could compromise editorial independence from external influence.
Rangiah found the broadcaster was under pressure after an orchestrated campaign of complaints against Lattouf by a pro-Israel lobbyist group.
The ABC did not give her the chance to defend the allegations and instead showed her the door, the judge found.
-with AAP
