Employment Lawyer Questions Legality of Jackie O's ARN Media Departure
An employment lawyer has labelled Jackie 'O' Henderson's sudden exit from ARN Media as 'peculiar', amid growing scrutiny over whether the radio star's contract termination may have been unlawful. The dramatic fallout surrounding The Kyle and Jackie O Show has taken a legal turn, with experts examining the sequence of events that led to Henderson's departure.
Workplace Complaint Preceded Contract Termination
Sydney employment lawyer Fay Calderone has highlighted a crucial detail that could prove problematic for the network. Henderson, 50, is understood to have raised concerns about her workplace environment following her explosive on-air clash with co-host Kyle Sandilands in February. Legally, this constitutes asserting a workplace right, which carries specific protections under Australian law.
'The principle is you cannot lawfully take action or adverse action against a contractor because they have asserted a workplace right,' Calderone explained to ABC. 'I think that's peculiar.'
In a surprising development, ARN Media later announced Henderson's $100 million contract had been terminated, claiming she had given notice that she could no longer work with Sandilands. Henderson has firmly denied this version of events, creating a significant discrepancy in the narrative.
Legal Ramifications Under Fair Work Laws
Under Australia's Fair Work legislation, workers including contractors in certain circumstances are protected from being penalised for making complaints about workplace health and safety. Calderone noted that Henderson's situation stands out because it appears she may have raised an issue, only to then lose her role entirely.
If proven that Henderson's contract was ended because she spoke up about her working conditions, the network could face serious legal consequences. Such a move could open the door to a legal claim against ARN, with the potential for substantial damages.
The lawyer also pointed to reports that Henderson may have been offered an alternative role, which the presenter has denied. Calderone suggested this could have been an attempt by the company to limit its legal exposure.
Sandilands' Parallel Legal Battle
While Henderson has not taken legal action against ARN yet, Sandilands has already filed a multimillion-dollar lawsuit against his former employers in the Federal Court. Backed by a prominent legal team, the 54-year-old claims that ARN deliberately conspired to sabotage his $100 million, 10-year contract in a calculated attempt to exit the costly agreement after just over 14 months.
Sandilands' legal team is led by the 'ferocious' Kevin Lynch, a partner at Johnson Winter Slattery, who has carefully examined every detail of the host's agreement and strategised a comprehensive attack on ARN. Sandilands is seeking his contract to be honoured in full.
Partner at Axe Legal, Stefan Stojkovic, told ABC that legal action could take 'two to three years' if there are no appeals. 'I wouldn't be surprised if they settle it out of court as well, if there's a sensible settlement available to the parties,' Stojkovic said.
ARN's Response and Negotiation Efforts
On Monday morning, ARN issued a statement in an ASX market update, asserting that the network disputes Sandilands' claims and plans to defend the proceedings. 'The applicants claim the termination of Mr Sandilands' contract was invalid on the basis they allege that there was no act of serious misconduct or breach of contract, and that the termination was unconscionable under the Australian Consumer Law,' their statement read.
Meanwhile, ARN's newly appointed CEO Michael Stephenson is working to prevent the legal dispute from escalating by attempting to persuade Henderson to return to KIIS FM with a solo show. However, ARN hopes to bring back Henderson at a much lower rate with a new program, after the network also terminated her $100 million, decade-long deal last month.
Sources indicate Henderson is not enthusiastic about that offer, while those close to the former co-hosts suggest she intends to watch how Sandilands' legal offensive unfolds before making any decisions about her own position.
