In a significant federal court judgment, Justice Darryl Rangiah has ruled that the Australian Broadcasting Corporation (ABC) breached the Fair Work Act when they dismissed casual broadcaster Antoinette Lattouf from a Sydney radio program over a social media post about Gaza. This ruling confirms Lattouf’s claim, heard in the federal court in February, that her employment was unlawfully terminated in December 2023, when her on-air shifts were cut short three days into a five-day tenure hosting Sydney Mornings.
According to Justice Rangiah, “The ABC contravened section 772(1) of the Fair Work Act 2009 (Cth) by terminating the employment of Antoinette Lattouf due to her political opinion opposing the Israeli military campaign in Gaza.” However, the court determined that Lattouf’s termination was not based on her race or national extraction.
The court has ordered the ABC to compensate Lattouf with $70,000. This case has brought to light the protection provided to employees against adverse actions taken by employers due to political opinions or race under the Fair Work Act.
The controversy began after Lattouf shared an Instagram post from Human Rights Watch, which criticized Israel’s use of starvation as a strategy in Gaza. Lattouf’s legal team argued that she was the target of a pro-Israel lobbying campaign aimed at removing her from the air over her social media support for Palestinian human rights. In contrast, the ABC claimed her removal was due to her failure to follow directions not to post about the war while working for them. Justice Rangiah concluded that the ABC merely advised Lattouf against posting controversial content about the war and did not provide a direct order to refrain from doing so.
The ruling has significant implications for worker rights regarding freedom of speech and political expression outside of their employment. The case has drawn attention to how social media posts can have profound impacts on professional lives. Further details on the case are expected to follow.
Source: https://www.theguardian.com/media/2025/jun/25/antoinette-lattouf-v-abc-unlawful-termination-case-verdict-federal-court-judgment-ntwnfb
