The Federal Court has ruled that the ABC breached the Fair Work Act when it terminated casual broadcaster Antoinette Lattouf in December 2023, finding that the decision was influenced by an orchestrated campaign by pro-Israel lobbyists. Justice Darryl Rangiah determined that Lattouf was taken off air three days into a five-day contract because of her political opinion opposing the Israeli military campaign in Gaza.
The court heard that senior ABC managers were in a 'state of panic' following complaints about Lattouf's social media post sharing a Human Rights Watch report that accused Israel of using starvation as a weapon of war. Justice Rangiah stated that the decision to remove her was made to appease the pro-Israel lobbyists who had escalated their complaints.
However, the court dismissed Lattouf's claim that she was terminated because of her race or national extraction. The ABC argued that she was removed for not following a direction not to post about the war while working for the broadcaster, but the judge found she was only given advice, not a direct order.
The court ordered the ABC to pay Lattouf $70,000 in compensation for non-economic loss and set a date for a hearing on whether a pecuniary penalty should be imposed. Lattouf's lawyer, Josh Bornstein, said he would seek a significant penalty to deter future unlawful conduct by the ABC.
