Australian journalist wins unfair dismissal case over Gaza post

A journalist has won her case against Australias national broadcaster, with a court ruling she was unfairly sacked over a social media post about the war in Gaza.

Antoinette Lattouf said the Australian Broadcasting Corporation (ABC) cut short her stint as a fill-in radio presenter in December 2023 due to her political views, her race and after lobbying from pro-Israel groups.

Hours before her sacking, Lattouf shared a post from Human Rights Watch (HRW) that accused Israel of war crimes, which Israel denies.

The ABC argued her post breached its editorial policy, but after the ruling apologised to Lattouf, saying that it had "let down our staff and audiences" in its handling of the matter.

On Wednesday, Justice Darryl Rangiah found that the ABC sacked Lattouf for reasons including her opinions on the Israeli military campaign in Gaza. He rejected allegations the presenter - who is of Lebanese heritage - was fired because of her race.

She was awarded damages of A$70,000 (£33,400, $45,400), but Justice Rangiah said he would hear arguments from both sides on further penalties.

Speaking outside court, Lattouf said she was "punished for my political opinion".

Her dismissal triggered a wave of public outrage and created turmoil at the public broadcaster - raising questions over its independence and reviving concerns over how it supports staff, particularly those who are culturally diverse.

Lattouf has been a regular contributor in Australian media for years, but also made a name for herself as an activist on issues like racism, discrimination in media and mental health.

The ABC disputed that she was fired, because they had paid her contract in full, and said she had been removed from her duties not as punishment, but to protect the broadcasters reputation.

When opening his remarks, Justice Rangiah said the Israel-Gaza war has become the "most covered, contested and controversial news story in the world".

The Israeli military launched a campaign in Gaza in response to the Hamas-led attack on southern Israel on 7 October 2023, in which about 1,200 people were killed and 251 others were taken hostage.

At least 55,706 people have been killed in Gaza since then, including more than 15,000 children, according to the territorys Hamas-run health ministry.

During the case, the ABC argued Lattouf was instructed not to post anything about the conflict but Justice Rangiah found Lattouf had been "merely advised not to post anything controversial", rather than being given a "direction".

He said there was a clear "orchestrated campaign by pro-Israel lobbyists to have Lattouf taken off air" right from the outset of her employment, which was causing consternation among senior ABC managers.

When she re-shared the HRW post - which said Israel was using starvation as a tool of war, a claim the country denies - it was "bound to be controversial", Justice Rangiah said.

Describing her decision as "ill-advised and inconsiderate of her employer", he said it turned the "consternation" of her bosses into "what can be described as a state of panic".

"Within the hour, a decision was made that Lattouf would be taken off air," he said.

He said former ABC chief content officer Chris Oliver-Taylor had "no more than a suspicion" that Lattouf "may" have breached some policy or guideline - but wanted to "mitigate the anticipated deluge of complaints and criticism" by firing her.

And so, shortly after she finished her third morning as a presenter, Lattouf was told to pack up her things and leave. The policies she was alleged to have breached were not identified, nor was she given any opportunity to defend herself, the judge said.

The decision to remove her from the airwaves was promptly leaked to the media, something Lattouf says left her reputation in tatters.

She took her case to Australias Fair Work Commission last year, and after a win there, to the Federal Court.

There, Lattoufs team argued the ABC had been influenced by external pressure about her appointment.

The court heard that ABCs former chair Ita Buttrose and former managing director David Anderson had forwarded several emails complaining about Lattouf to Oliver-Taylor.

Justice Rangiah said the call to sack Lattouf was Oliver-Taylors alone, but Andersons opinion of her had influenced him. Buttrose had applied pressure to Oliver-Taylor, he said, but did not "materially contribute" to the decision.

In a statement, new ABC Managing Director Hugh Marks said it was clear the matter "was not handled in line with our values and expectations".

"[It] has caused concerns to be expressed about the ABCs independence and integrity, which are critical to the great trust the Australian public places in us."

There was "much to consider" in the wake of the decision, he said, adding that the companys social media guidelines have already been reviewed and replaced.

Surrounded by supporters outside court, Ms Lattouf said: "Deliberately starving and killing children is a war crime."

"Today, the court has found that punishing someone for sharing facts about these war crimes is also illegal."

Israel has put severe restrictions on food and aid shipments into Gaza throughout the war and blocked them entirely from March to May this year.

A panel of International Criminal Court judges decided that there were "reasonable grounds" to believe that prime minister Benjamin Netanyahu and his former defence minister Yoav Gallant bore "criminal responsibility" for using "starvation as a method of warfare".

But Israel denies that it has used starvation as a tool of war, with Netanyahu calling the claims "false and absurd charges".

Additional reporting by Tiffanie Turnbull.