Kyle Sandilands has told the Federal Court that his termination from Kiis FM was invalid because he was performing his contracted role as a 'robust character' on a 'deliberately provocative' radio show. The shock jock was sacked by ARN Media last week following an on-air dispute with co-host Jackie 'O' Henderson over astrology.
ARN alleged serious misconduct and breach of contract, depriving Sandilands of the remaining £85m he would have earned under the deal running until 2034. However, a statement of claim filed on Friday argues the exchange that triggered the termination was 'congruent with the style, tone and nature of the show'.
The claim describes the Kyle & Jackie O Show as high-energy and controversial, using crude humour and sexual innuendo. It states that ARN acknowledged Sandilands' 'robust character' and desired him to present in that style. Banter and tension between the co-hosts was a central dynamic, with Sandilands playing the dominant, abrasive personality while Henderson acted as the warmer, moderating figure.
The statement argues the incident did not constitute a serious or consistent breach of contract, nor did it cause 'serious and imminent injury' to the station. Notably, the two censors monitoring the show for decency breaches did not use the dump button during the segment in question.
ARN has confirmed it will defend the claim, stating in an ASX filing that it disputes the allegations and cannot yet estimate the outcome or financial impact. Sandilands seeks a court declaration that his termination is invalid, along with damages for economic and non-economic loss.
