The ABC should be fined up to $350,000 for sacking presenter Antoinette Lattouf because of 'significant pressure' put on senior management by former chair Ita Buttrose, the federal court has heard. The broadcaster has admitted it acted unlawfully but submitted that the total penalty should be between $37,560 and $56,340.
In June, the court found the ABC contravened section 772 of the Fair Work Act by terminating Lattouf for reasons of political opinion and breached five clauses of its enterprise agreement by removing her from air three days into a five-day contract. The court ordered the ABC to pay Lattouf $70,000 in compensation. On Wednesday, Justice Darryl Rangiah heard submissions on the scale of a separate penalty for the employment law breaches.
The court heard that Buttrose sent six emails in rapid succession complaining about Lattouf to the broadcaster's content chief, Chris Oliver-Taylor, in the hours leading up to her sacking. One of Lattouf's barristers, Philip Boncardo, argued that the breach was not a mistake by Oliver-Taylor, as claimed by the ABC. 'We would also contend that your honour would take into account the involvement of Ms Buttrose as someone who placed significant pressure on Oliver-Taylor in the contravening,' Boncardo said.
The ABC submitted that the breach was 'one-off' and not 'deliberate recalcitrance', and that a reduced penalty was in order. The broadcaster noted that Oliver-Taylor left in January after his role was downgraded by new chair Kim Williams. The ABC also asked the court to consider that Lattouf's conduct in sharing a Human Rights Watch post was 'ill advised and inconsiderate of her employer'. The ABC said Oliver-Taylor acted to protect the broadcaster's reputation and impartiality, acting in haste to 'beat a story' from The Australian without consulting HR or legal teams.
Lattouf's submission argued that the ABC has not shown sufficient contrition or taken significant corrective action, and exhibited a 'callous indifference' to her welfare. Her barrister said the ABC failed to explain who leaked news of her termination to The Australian. The ABC's barristers countered that Oliver-Taylor was operating under 'unique and extraordinary' circumstances - a 'perfect storm' of pressure, stress, confusion and panic - unlikely to recur, and that senior leadership has since been trained on legal obligations.
