A casual ABC radio host will receive $70,000 in damages after being fired from the national broadcaster over an “inconsiderate” post about Israel’s actions in Gaza.
Antoinette Lattouf was hired for a week-long stint on ABC Radio Sydney’s Mornings program before Christmas 2023.
She was fired in a “state of panic” at the broadcaster hours after staff learned she had shared a Human Rights Watch post claiming Israel was using starvation as a “weapon of war” in Gaza.
The 41-year-old won her unlawful termination case in the Federal Court on Wednesday, when Justice Darryl Rangiah handed down his decision in a courtroom full of her supporters.
He found the ABC breached Australian employment law by dismissing the journalist for reasons that included her political opinion.
At the time, the broadcaster was under pressure from an orchestrated campaign of complaints against Lattouf by a pro-Israel lobbyist group.
The national broadcaster also did not give her the chance to defend the allegations against her, merely showing her the door, the judge found.
The ABC was ordered to pay $70,000 in compensation to Lattouf for the emotional distress the termination had caused.
In February, the ABC confirmed at a parliamentary hearing that it had spent $1.1 million on legal fees defending the case, although the judge is yet to make a decision about costs.
A potential pecuniary penalty will also be determined at a later hearing.
Lattouf argued at a hearing in February that then-ABC chair Ita Buttrose, former content chief Chris Oliver-Taylor and former managing director David Anderson were responsible for her termination.
But Justice Rangiah found the decision was solely Mr Oliver-Taylor’s as he tried to mitigate further complaints about the broadcaster employing someone with Lattouf’s political opinions.
“Mr Oliver-Taylor sought to appease members of the public who would attribute to Ms Lattouf the holding of anti-Israeli and anti-Semitic opinions by taking her off air,” he said.
Mr Anderson made a “material contribution” to the decision, however, by giving his views to Mr Oliver-Taylor that the fill-in host held anti-Semitic opinions.
Justice Rangiah accepted Mr Oliver-Taylor was put in a difficult position by Lattouf’s choice to share the controversial post.
“Ms Lattouf’s making of the HRW Post was ill-advised and inconsiderate of her employer,” he said.
“The ABC would have to brace itself for the inevitable criticism – whether fair or unfair – for permitting one of its presenters to make a controversial post and then allowing her to remain on air.”
The ABC’s claims the journalist was fired for breaching a direction not to post anything about Israel and Gaza during her five days on air were also rejected.
“I find Ms Lattouf was merely provided with advice that it would be best not to post anything controversial about the war,” he said.
The judge rejected claims by Lattouf – who is of Lebanese heritage – that she was terminated due to her race or national extraction.
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