Public Broadcaster Has Spent $1.1 Million Fighting Unfair Dismissal Claim With Former Journalist

An employee walks past the logo of the ABC located at the main entrance to the ABC building located at Ultimo in Sydney, Australia, on June 5, 2019. AAP/David Gray

Australia’s national broadcaster has revealed the high-profile lawsuit with former journalist Antoinette Lattouf has cost taxpayers $1.1 million (US$700,000) in litigation.

At a Senate Estimates hearing on Feb. 25, representatives from the Australian Broadcasting Corporation (ABC) were questioned about the broadcaster’s handling of an unlawful termination lawsuit launched by the Lebanese Australian journalist in 2024.

In December 2023, Lattouf was hired as a fill-in host for a radio program for five days.

However, when she was three days into the job, Lattouf was sacked by the ABC due to a series of pro-Palestine posts on her social media account.

It was reported that Lattouf’s posts breached the ABC’s social media policy for staff.

Following her dismissal, Lattouf filed an unfair dismissal claim with the Fair Work Commission, and later took the case to the Federal Court.

$1.1 Million Legal Costs

During the hearing, ABC Acting Managing Director and Chief Financial Officer Melanie Kleyn said the public broadcaster had argued it did not terminate Lattouf’s contract unlawfully.

“We do obviously understand that this is an impost on public funds, and that is why we have tried to attempt to settle the matter,” Kleyn told the Environment and Communications Legislation Committee.

Liberal Senator and Shadow Education Minister Sarah Henderson then asked how much the estimated total costs would be.

In response, Kleyn said she was not sure at this point of the legal proceeding and that the ABC had not done any cost forecasts.

Greens Senator Mehreen Faruqi questioned whether the public broadcaster regretted not apologising to Lattouf, and paying her $85,000 as she asked in an open letter in July 2024.

“If you’re asking me would the ABC have preferred not to spend $1.1 million, the answer to that is ‘yes,’” Kleyn said.

“That’s why we have attempted to settle the matter on a number of occasions.”

However, the acting manager noted that the ABC could not meet Lattouf’s demands.

“I think that includes things like reinstatement. It included a range of other requests,” she said.

“Financial compensation has only been one element of those requests, which has resulted in an unfortunate circumstance where we have not been able to settle the matter.”

Social Media Vetting Not Part of Recruitment Process: ABC

Henderson inquired whether the ABC had investigated Lattouf’s social media activities and comments before hiring her.

Kleyn did not give a direct answer, saying this matter was canvassed before the court.

Henderson then asked whether the broadcaster conducted a social media check of potential employees in its recruitment process to ensure they were suitable for the role.

Liberal Senator Sarah Henderson makes her first speech in the Senate chamber at Parliament House in Canberra, Australia, on Otc. 16, 2019. AAP Image/Mick Tsikas

ABC Chief Human Resources Officer Deena Amorelli said the broadcaster did not always examine social media activities before hiring.

“Through reference checking and through the interview process that is where we are able to engage with candidates around their suitability for a role,” she said.

“It is not a part of the process that we would usually go and examine social media activity for each individual candidate.”

The shadow minister then raised concerns about the ABC’s fundamental obligations to ensure high standards of integrity when hiring news presenters.

“That has proved to be a very big mistake because isn’t it incumbent on the ABC to ensure that you are not hiring an activist or someone who has expressed particular views which might be contrary to your code or which might fall foul of your obligations under the ABC Act?” the senator asked.

Kleyn reiterated that she could not answer things that were being subject to court proceedings.

“We have our personal use of social media guidelines,” she said.

“We have our recruitment processes, and we have our recruitment policies. We always look to refine and improve.”