Antoinette Lattouf has initiated a lawsuit against the ABC for unlawful termination following her early removal from a presenting role.
The ABC’s legal team has now retracted its previous stance on race in its defense.
On Tuesday, Ita Buttrose, the former ABC chair, was questioned in court regarding emails she sent in response to complaints about Lattouf’s dismissal. Lattouf, who was taken off air mid-stint as a fill-in presenter on ABC Radio Sydney in December 2023, claimed her termination was linked to her social media post on the Gaza conflict, which included a statement from Human Rights Watch about starvation being used as a tool of war. The ABC maintains the dismissal was not unlawful and failed to resolve the dispute through mediation in the Fair Work Commission last year.
In emails presented in court last week, Buttrose expressed frustration over the complaints about Lattouf, stating she was tired of receiving them and even suggested that Lattouf could “come down with flu or COVID or a stomach upset” to provide an excuse for her absence. Buttrose clarified that this suggestion was just an attempt to provide an “easy exit” for Lattouf. She also stated that she thought Lattouf was “a controversial broadcaster” and an “activist” in relation to the Gaza-Israel conflict, adding that her view was formed from being a “general observer of life.”
Buttrose denied being aware of any organized campaign to have Lattouf removed from air, even though she noted similarities in the wording of the complaints. She expressed concern that the complaints suggested a lack of impartiality, which could harm the ABC’s reputation.
The court also heard that Buttrose sent emails to individuals who had complained, informing them that Lattouf had been dismissed. In a later email, she forwarded a message from a member of the public congratulating the board for the decision, writing to ABC Managing Director David Anderson, “It’s nice to get congratulatory emails.” She also denied exerting pressure on anyone to dismiss Lattouf, dismissing suggestions that she had played any role in her removal.
Buttrose’s term as ABC chair ended last year after five years.
In a significant development, the ABC’s legal team has now acknowledged that Lattouf is of Lebanese, Arab, or Middle Eastern descent. Initially, the ABC’s defense had argued that Lattouf’s racial discrimination claim should fail because it was not proven that a “Lebanese, Arab, or Middle Eastern race” exists. However, the ABC now accepts this and has amended its opening submission in the Federal Court.
Lattouf’s legal counsel criticized the ABC for raising the issue of race in the first place, calling it a flawed argument from a “model litigant” organization.
Former ABC Radio Sydney station manager Steve Ahern testified in court, stating that many of the complaints about Lattouf’s article on a protest at Sydney Opera House were “hyperbolic” and “without any substance.” He also testified that he had not considered Lattouf biased regarding her coverage of the Gaza conflict, though he acknowledged that her social media activity should have been reviewed more thoroughly before her hiring.
The ABC’s legal team also issued an apology after unredacted complaints from pro-Israel individuals were mistakenly made public, revealing personal details of complainants. The error, which was attributed to human mistake, prompted an apology from the ABC’s lawyer to the court.
The case continues to unfold, with both sides presenting further evidence and arguments.