ABC Unlawfully Dismissed Journalist Over Political Views, Federal Court Finds

Today’s judgment in Lattouf v Australian Broadcasting Corporation (“the ABC”) is a strong reminder to employers about the legal and reputational risks of mishandling disciplinary procedures. This is especially critical in high-profile or politically sensitive matters.
The dispute involved the ABC’s decision to terminate journalist Ms Antoinette Lattouf after she posted on social media about the Israel/Gaza conflict. At the core were claims about procedural fairness, enterprise agreement compliance, and protections for political opinion under the Fair Work Act 2009 (Cth) (“the FW Act”).

The Court found the ABC had breached its Enterprise Agreement and unlawfully dismissed Ms Lattouf, partly due to her political views.

Background & Key Issues

Ms Lattouf, an ABC presenter, shared views on the Israel/Gaza conflict via social media. The ABC asked her to stop posting. When she did not, they removed her from her role on 20 December 2023, telling her to leave immediately and not return for her remaining programs.

The ABC claimed she breached internal policies. However, they did not follow the procedural rules in clause 55.2.1 of the Enterprise Agreement.

They failed to:

• Provide written notice of the allegations.

• Inform her of her right to representation.

• Give her a proper chance to respond.

Ms Lattouf argued the ABC’s actions amounted to unlawful dismissal, motivated in part by her political views protected under section 772(1) of the FW Act.

The ABC denied that Ms Lattouf was dismissed, asserting no formal disciplinary action or dismissal occurred. They claimed her posts violated ABC policy and justified their decision.

Court’s Findings

The Court found the ABC had:

• Made and upheld allegations of misconduct without a procedural fairness.

• Breached clauses 55.2.1 and 55.2.2 of the Enterprise Agreement.

• Failed to inform Ms Lattouf of her right to be represented.

The Court held the ABC had effectively dismissed Ms Lattouf by excluding her from work. This breached clause 55.4.1(f), which allows termination only for serious misconduct.

However, the ABC later conceded that her posts did not breach the Social Media Guidelines or any policy. Therefore, the Court concluded the dismissal was unlawful.

It also breached section 772(1) of the FW Act, which prohibits dismissal based on political opinion. The Court rejected claims that the dismissal was due to her race or national origin.

Mental Health Impact

The Court accepted evidence from Ms Lattouf and psychiatrist Dr Nigel Strauss. Her mental health declined significantly due to the dismissal.

She experienced worsened symptoms of persistent depressive disorder and anxiety. Though other stressors contributed, the dismissal played a major role in her mental harm.

Relief Sought by the Plaintiff

Ms Lattouf sought the following:

• Declarations that the ABC breached sections 50 and 772(1)(f) of the FW Act

• Compensation for psychological harm and emotional distress

• Penalties against the ABC for its breaches

• A compliance program (later withdrawn)

Court Orders

The Court ordered:

• Declarations that the ABC had breached ss 50 and 772(1)

• $70,000 in compensation for non-economic loss (less than the $100,000 to $150,000 sought)

• A further hearing to decide on pecuniary penalties under section 546

What Comes Next?

The Court will next decide:

• Whether to impose penalties on the ABC

• Whether either party must pay the other’s legal costs

Legal costs for the matter are expected to be high. The hearing ran over 10 days and included senior counsel.

Though the request for a compliance program was withdrawn, broader compliance or education issues may still arise in future proceedings.

There is also a possibility of appeal on liability or compensation.

This case is a clear warning to employers. Even in sensitive or public-facing roles, employers must follow fair, lawful, and contractually compliant processes. The Federal Court found that Ms Lattouf was unlawfully dismissed for expressing her political opinions. The ABC also failed to follow its own disciplinary procedures. Employees have rights under the Fair Work Act, including the right to express political views. Employers must act carefully when managing such matters to avoid legal consequences.

How Madison Marcus Can Help

At Madison Marcus, our employment law specialists assist both employees and employers in complex workplace disputes.

For Employees:

• We offer advice and representation in cases of unfair dismissal, adverse action, and discrimination.

• We help build strong legal arguments when employers fail to follow fair processes.

For Employers:

• We provide guidance on managing allegations, conducting investigations, and developing lawful policies.

• We train HR and leadership teams on sensitive workplace issues, including political speech and public commentary.

Read the full Case Law Review

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