ABC ordered to pay Antoinette Lattouf $150k in penalties for unlawful sacking
Antoinette Lattouf (from her Instagram account)
The ABC has been ordered to pay journalist and former staff member Antoinette Lattouf $150,000 in pecuniary penalties for unlawfully sacking her.
Lattouf’s legal team had argued the ABC should pay “hundreds of thousands of dollars” for its “various contraventions of the law”, while the ABC was seeking a lower amount, between $37,000 and $56,000.
Lattouf had previously been awarded $70,000 in compensation for the distress the unlawful sacking caused her. These additional pecuniary penalties are meant to act as a deterrent, to discourage companies from contravening workplace laws in the future.
The ABC has already been widely criticised for the $1 million-plus it spent defending the case.
Back in June, the Federal Court found the ABC had contravened both the Fair Work Act and the ABC Enterprise Agreement when it fired Lattouf for reasons including her political opinion. During the judgement, Justice Darryl Rangiah noted that in holding the political opinion, Lattouf was also entitled to express it.
One of the issues in the case was Lattouf’s reposting of a Human Rights Watch video to her Instagram story with the caption “HRW reporting starvation as a tool of war”, in relation to Israel’s actions in Gaza.
Justice Rangiah found that the executives involved were motivated to fire Lattouf in response to her political opinions about the Israeli military campaign in Gaza, and bowed to pressure from pro-Israel lobbyists. The national broadcaster also failed to give Lattouf the opportunity to respond to misconduct allegations.
Today, in awarding the pecuniary penalties, Justice Rangiah again noted the very significant consequences ABC’s legal breaches had caused Lattouf.
“For most people, employment is not just a source of income, but contributes substantially to their sense of purpose, identity and self-worth. The unlawful termination of their employment for alleged misconduct, particularly where the employee has been given no chance to defend themselves against the accusations made, can be devastating. The human consequences of the unlawful termination of employment ought not be underestimated,” he said.
The ABC has 28 days to pay the penalty.
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Unfortunately this behaviour just makes organisations less likely to consider a candidate like her in the future, which is a shame.
This is the greatest con job, and the ABC fell for it – a national disgrace.
I hope the ABC appeals this decision, this is taxpayers money – how many people would be given $150,000 for being let go in a position they held for doing something they were told not to do?
The courts found the ABC wanting. The lobbying from the anti Palestinian lobby groups cannot pressure illegal behaviour. Others should heed this. Fair, just and legal should be the real guide to how workplaces behave.