Antoinette Lattouf’s mediation with the ABC has failed, sending the case to the Federal Court for trial.
Lattouf claims she was unfairly dismissed by the national broadcaster after she was removed in December last year from a casual fill-in role on ABC Radio’s Sydney Mornings. The removal came after Lattouf posted a Human Rights Watch report on her personal Instagram about the ongoing conflict in the Middle East that said Israel was using starvation as a tool of war in Gaza — a report that was also covered by the ABC.
Earlier this month, the Fair Work Commission found that the fact Lattouf was taken off air and advised to leave the ABC’s Ultimo headquarters as soon as possible constituted termination of employment within the meaning of the Fair Work Act.
The ABC initially filed a defence that argued Lattouf was terminated, before then amending it to argue that she had not been terminated at all, applying for the case to be dismissed.
The matter will now proceed to the Federal Court for trial, with Lattouf saying on social media that it was “incredibly disheartening” that the mediation had failed.
Lattouf’s lawyer Josh Bornstein said that a trial was likely to shine a light on the internal workings of the ABC and how management came to the decision to sack his client.
“One area that’s likely to be considered in discovery is anything that shows why [the ABC] took the decisions that they did,” Bornstein told Crikey.
“Anything that sheds light on their motive for sacking Antoinette Lattouf.”
While it was set down for a whole day on Tuesday, the mediation between the parties lasted for just over an hour.
Asked about the possibility of a late settlement in the case, Bornstein replied: “I expect this case will go to trial”.
“The observation that I would make … is that the ABC from the outset has dealt with this matter with maximum aggression, and I expect that to continue,” he said.
Bornstein told Crikey he expected a trial would last around two to three days.
Marque Lawyers managing partner Michael Bradley told Crikey the “vast majority of employment claims are settled” and that it was “hard to see what benefit there is to the ABC from litigating this”.
Bradley said it seemed like a “lose-lose” for the ABC.
“From a PR perspective it seems like a lose-lose, regardless of the outcome. It’s gonna be pretty embarrassing and expensive … it’s an odd hill to choose to fight on.”
Correction: A previous version of this article included quotes that stated that parties in this case were at significantly more financial risk once the case headed to the Federal Court. As Lattouf’s case is a Fair Work Commission matter (and thus in the Fair Work Division will be in a no-costs jurisdiction except for unusual circumstances), this is not necessarily the case.
Who do you back, Antoinette Lattouf or the ABC? Let us know your thoughts by writing to letters@crikey.com.au. Please include your full name to be considered for publication. We reserve the right to edit for length and clarity.
