[Australia] ABC attempts to have Lattouf termination case thrown out

The ABC - Australia’s public broadcaster - has claimed it did not sack the journalist Antoinette Lattouf from her casual radio role, in a move towards attempting to have her termination case thrown out, The Guardian reports.

The claim follows mounting pressure on the broadcaster’s management after union members passed a vote of no confidence in managing director, David Anderson.

On January 15, the ABC reportedly filed its defence in the Fair Work Commission (FWC), asserting that Ms Lattouf’s employment was terminated on December 20 and took effect the same day.

The ABC claimed that Ms Lattouf was warned about posting controversial topics on social media before being dismissed from her role. In addition, the ABC is said to have objected to Ms Lattouf’s claim that her sacking was unlawful, writing “with respect, the application is fundamentally and entirely misconceived”.

Ms Lattouf has claimed unlawful termination on the grounds of “political opinion or a reason that included political opinion”. She later expanded the claim to include race due to her Lebanese heritage. She seeks a detailed public apology and compensation for harm to reputation and distress and humiliation. Additionally, she will seek an order for the ABC to offer her a commensurate role back on air.

In its submission, the ABC reportedly wrote that it had decided “not to require” Ms Lattouf to perform the last two of her five shifts as a casual presenter of Sydney’s Mornings because she had “failed or refused to comply with directions that she not post on social media about matters of controversy during the short period she was presenting”.

The ABC later advised Lattouf’s lawyer, Josh Bornstein, that it was now claiming it did not terminate her employment and she was not entitled to make an unlawful termination application.

The ABC has asked the FWC to dismiss Ms Lattouf’s case after mediation in the unlawful termination case reached a stalemate in mid-January.

In a statement, a spokesperson for the ABC reportedly said it was “clear on the evidence provided in the ABC’s response to Ms Lattouf’s claim that she had not been terminated”.

“The jurisdictional objection was formalised as soon as it became clear the matter had not resolved,” the statement said.

“If the ABC is successful in its application the unlawful termination claim will not proceed”.

The broadcaster also alleges that Ms Lattouf should not be permitted to proceed because she was entitled to make a general protections court application, rather than an unlawful termination application.

On January 23, FWC deputy president Gerard Boyce reportedly issued directions for the matter. He confirmed that the ABC would have until February 2 to file documents supporting its amended response.

Ms Lattouf will have until February 16 to do the same, with replies due on February 23. The matter is next listed for hearing on March 8 in Sydney.

Source: The Guardian

(Links and quotes via original reporting)

The ABC - Australia’s public broadcaster - has claimed it did not sack the journalist Antoinette Lattouf from her casual radio role, in a move towards attempting to have her termination case thrown out, The Guardian reports.

The claim follows mounting pressure on the broadcaster’s management after union members passed a vote of no confidence in managing director, David Anderson.

On January 15, the ABC reportedly filed its defence in the Fair Work Commission (FWC), asserting that Ms Lattouf’s employment was terminated on December 20 and took effect the same day.

The ABC claimed that Ms Lattouf was warned about posting controversial topics on social media before being dismissed from her role. In addition, the ABC is said to have objected to Ms Lattouf’s claim that her sacking was unlawful, writing “with respect, the application is fundamentally and entirely misconceived”.

Ms Lattouf has claimed unlawful termination on the grounds of “political opinion or a reason that included political opinion”. She later expanded the claim to include race due to her Lebanese heritage. She seeks a detailed public apology and compensation for harm to reputation and distress and humiliation. Additionally, she will seek an order for the ABC to offer her a commensurate role back on air.

In its submission, the ABC reportedly wrote that it had decided “not to require” Ms Lattouf to perform the last two of her five shifts as a casual presenter of Sydney’s Mornings because she had “failed or refused to comply with directions that she not post on social media about matters of controversy during the short period she was presenting”.

The ABC later advised Lattouf’s lawyer, Josh Bornstein, that it was now claiming it did not terminate her employment and she was not entitled to make an unlawful termination application.

The ABC has asked the FWC to dismiss Ms Lattouf’s case after mediation in the unlawful termination case reached a stalemate in mid-January.

In a statement, a spokesperson for the ABC reportedly said it was “clear on the evidence provided in the ABC’s response to Ms Lattouf’s claim that she had not been terminated”.

“The jurisdictional objection was formalised as soon as it became clear the matter had not resolved,” the statement said.

“If the ABC is successful in its application the unlawful termination claim will not proceed”.

The broadcaster also alleges that Ms Lattouf should not be permitted to proceed because she was entitled to make a general protections court application, rather than an unlawful termination application.

On January 23, FWC deputy president Gerard Boyce reportedly issued directions for the matter. He confirmed that the ABC would have until February 2 to file documents supporting its amended response.

Ms Lattouf will have until February 16 to do the same, with replies due on February 23. The matter is next listed for hearing on March 8 in Sydney.

Source: The Guardian

(Links and quotes via original reporting)