By Jamie McKinnell
Photo: Instagram / Antoinette Lattouf
The ABC has been ordered to pay a fine of AU$150,000 ($168,921) for unlawfully sacking journalist and presenter Antoinette Lattouf for reasons including her political opinions.
Lattouf had already been awarded AU$70,000 in compensation for non-economic loss after a judge found the broadcaster breached the Fair Work Act by removing her from air in December 2023.
On Wednesday, Justice Daryl Rangiah ordered the broadcaster pay the penalty of AU$150,000 to Lattouf within 28 days.
The Federal Court previously heard Lattouf's five-day radio presenting contact in Sydney was cut short after she shared a Human Rights Watch post about starvation being used as a tool of war in Gaza to her personal Instagram account.
Justice Rangiah found the decision was made to appease pro-Israel lobbyists behind a campaign of complaints.
He said the ABC had terminated Lattouf's employment for reasons "including that she held a political opinion opposing the Israeli military campaign in Gaza".
The judge previously found the journalist had been given "advice" that it would be best not to post anything controversial about Gaza, as opposed to a direction not to do so.
The advice was also qualified by an indication that posting fact-based material from a verified source would be fine.
This was never about money: Lattouf
On Tuesday, Lattouf posted on social media that the case had never been about money for her.
"To date the ABC has spent well over $2 million of taxpayer money fighting me," she said.
"Whatever the penalty, for me this was never about money - it's always been about accountability and the integrity of the information our public broadcaster gives us," she said.
"I hope the ABC takes this opportunity to restore credibility, regain trust, and re-establish integrity, because our democracy depends on a strong fourth estate."
Lattouf's lawyers previously pushed for the court to impose a financial penalty of between $300,000 and $350,000.
They described her unlawful termination as "a craven placation of pro-Israeli lobbyists", which "struck at the heart of the anti-discrimination protection" contained in the Fair Work Act.
That the ABC engaged in such conduct was "extraordinary and alarming", her legal team said, and senior executives ignored procedural protections in a "panicked rush" to beat a story The Australian newspaper planned to run about her removal.
ABC legal team argued for smaller financial penalty
ABC managing director Hugh Marks, who was not in the position at the time, previously said correct processes were not followed and the matter had not been handled in line with the broadcaster's values and expectations.
Marks said the ABC regrets "how the decision to remove Ms Lattouf from air was handled and the distress occasioned to her".
In February, it was revealed during a parliamentary hearing that the ABC had so far spent $1.1 million in its defence of the case.
The ABC's legal team argued earlier this month that the appropriate financial penalty was between $37,560 and $56,340, highlighting a "perfect storm" that confronted decision-maker Chris Oliver-Taylor, the then-chief content officer.
The ABC's counsel, Ian Neil SC, said there was an "extraordinary and unique conjunction of circumstances" surrounding the incident that was unlikely ever to be repeated in the ABC.
The broadcaster also submitted "extensive" steps had been taken to ensure the same mistake is not repeated, including training to senior leadership team and board.
- ABC
