Journalist Antoinette Lattouf’s unfair dismissal claim against the ABC took a dramatic new twist on Monday when her lawyers argued that former chairman Ita Buttrose and chief executive David Anderson were the key “decision makers” in her dismissal.
Lattouf was contracted by the ABC for a fill-in position on the morning radio program in Sydney between December 18 and 22, 2023.
But she was fired three days into her contract after sharing a Human Rights Watch post on her Instagram page alleging that the Israeli government was using famine as a weapon of war in Gaza.
She subsequently brought a case for unfair dismissal against the national broadcaster in the Federal Court and the Fair Work Commission.
On Monday, her lawyer Philip Boncardo said Ms Buttrose and Mr Anderson were involved in Lattouf’s dismissal on December 20.
“We allege that Ms Buttrose, the chairman of the ABC, and Mr Anderson, the chief executive, were themselves decision-makers or were materially involved in the decision-making process,” he told the Federal Court.
“It is likely that at least eight, if not all, of the suspect’s witnesses will be required for cross-examination.”
ABC Chief Content Officer Chris Oliver-Taylor was named as the key decision maker in Lattouf’s dismissal.
Journalist Antoinette Lattouf’s (photo) unfair dismissal claim against the ABC took a dramatic new twist on Monday
Her updated statement, filed last week, said she opposed “the Israeli military campaign in Gaza,” supported the human rights of Palestinians and “questioned the authenticity of images of protesters chanting anti-Semitic chants in Sydney” Opera House’ in November 2023, the Australian reported.
The claim alleges that Mr Oliver-Taylor sent Mr Anderson a text message on December 20 saying Lattouf ‘violated our editorial policies while employed’ and that he had ‘no choice but to fire her’ .
Mr Oliver-Taylor said she had not followed her producer’s instructions not to post anything online while she was working at the ABC.
In a telephone conversation with Mr Oliver-Taylor, Mr Anderson is said to have agreed to Lattouf’s contract being terminated early.
The decision to hire Lattouf primarily led to complaints to the ABC board, including to the then chairman, Ms Buttrose.
Lattouf previously claimed the ABC breached its own enterprise agreement and fair employment laws by terminating her contract despite not engaging in misconduct.
She claimed that an ABC executive told her that the broadcaster had received “a large number of complaints from pro-Israel lobbyists” about her being on air before her dismissal.
She said she was advised to “keep a low profile on Twitter” but could post information from reputable sources such as Amnesty International.
The court heard that former ABC chairman Ita Buttrose (pictured) and managing director David Anderson were key ‘decision makers’ in Lattouf’s dismissal
Previous attempts by the ABC to argue that Lattouf was not ‘terminated’ within the meaning of the relevant law because she was on a temporary contract were rejected by the Fair Work Commission.
The case was subsequently moved to the Federal Court.
Both parties made a settlement offer, but each was rejected by the other party.
The ABC rejected Lattouf’s recent settlement request for $85,000 in damages, a public apology and her reinstatement as a substitute on radio.
The national broadcaster’s counteroffer, the terms of which were not disclosed, was rejected by Lattouf.
The trial starts on February 3 and lasts five days.
There are still two days for submissions, on February 27 and 28.