Antoinette Lattouf says she is yet to receive a personal apology from the ABC. In June, a judge found the journalist was unlawfully terminated for reasons that included her political opinions. Lattouf's lawyers are seeking a financial penalty of $300,000-$350,000 to be imposed for contraventions of the Fair Work Act.
00:00Today's hearing in the federal court is all about the penalty that will be imposed on the ABC for contravening the Fair Work Act.
00:10So it was back in June that journalist Antoinette Latouf won her unlawful termination case against the ABC and she was awarded $70,000 in compensation.
00:19Now, the federal court found the ABC contravened the Fair Work Act by terminating her employment for reasons including that she held a political opinion opposing the Israeli military campaign in Gaza
00:31and Ms Latouf was sacked three days into a five-day casual radio presenting stint in December 2023
00:38and that was because she shared a Human Rights Watch post on her Instagram which claimed that Israel was using starvation as a tool of war.
00:47Now, the Justice Daryl Rangier found that the sole decision to sack Ms Latouf fell at the feet of then ABC Chief Content Officer Chris Oliver-Taylor
00:58and the reason for that was that he found to have been unlawfully terminated her because there was no direction given for her not to post anything online
01:09rather advice to avoid anything controversial when it came to the Israel-Gaza conflict.
01:14Now, today some of those arguments have re-emerged as we talk about what the ABC will eventually pay
01:19but also as well about whether the ABC shows genuine contrition in its actions in breaching the Fair Work Act
01:27and that was a key point that was made today by the lawyers of Ms Latouf.
01:31We heard from the Chief People Officer at the ABC at the moment, Ms Amorelli,
01:37who was asked questions about the apology and the statement that was released by the ABC immediately after the decision,
01:45particularly by the current managing director, who was not the managing director at the time of Ms Latouf's sacking,
01:51Hugh Marks, saying that he acknowledged the decision
01:54and also expressing a general apology about how the ABC dealt with her sacking.
02:01Now, Ms Latouf's lawyers argue that is not a genuine personal apology to Ms Latouf
02:06and today before the federal court hearing started, Ms Latouf was speaking to reporters
02:10saying that she's still yet to receive a personal apology
02:13and Ms Amorelli says she's not aware of anyone acting on behalf of the ABC
02:18directly contacting Ms Latouf to give that apology as well.
02:21Here's what she had to say earlier today.
02:24Well, the ABC are meant to be the good guys in the media
02:27and I am a big believer and a big supporter of a fair and robust ABC.
02:34I haven't had a personal apology, a personal public apology
02:38and all I want is for an ABC that is fair and that acts with integrity.
02:44Ethan, do we know how much the ABC may be ordered to pay as a result of these contraventions?
02:49So those are the arguments that are still unfolding today in the federal court
02:53and we're still yet to hear the ABC's arguments on that particular issue.
02:57We do know though that Latouf's lawyers are seeking for a penalty to be imposed on the ABC
03:02of $300,000 to $350,000
03:06and they want that penalty, that higher range of penalty
03:10because they say the actions in terminating Ms Latouf were particularly reckless
03:14because they say the ABC capitulated to a pro-Israel campaign
03:18looking to get rid of Ms Latouf and get her off the airwaves of the ABC.
03:23They also say certain actions as well afterwards in not showing genuine remorse
03:29in breaching the Fair Work Act and also taking this case all the way to the end
03:34and fighting it tooth and nail shows that they deserve the maximum penalty
03:40that could be opposed against them.
03:41The ABC instead is arguing that it would pay a penalty of around $37,500 to $56,000.
03:50It has to be said that the ABC has previously admitted during Senate estimates months ago
03:55now that this entire legal case had cost the public broadcaster more than $1 million
04:00and we've heard as well from the new managing director
04:02that could go upwards of $2 million now
04:06and that's before any penalty has been imposed by the federal court
04:10and a final decision from Justice Rangier on exactly what that penalty will look like
04:15is not expected today but we can expect it in some due time.
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