Employment Law

What Happened?

In June 2025, the Federal Court ruled that the ABC unlawfully terminated journalist Antoinette Lattouf during a short-term presenting role. She was removed from the air mid-contract after sharing a Human Rights Watch post on social media, which criticised Israel’s actions in Gaza. The ABC claimed the post breached its social media policy; Lattouf disputed this, saying she never received such a directive and alleged racial and political discrimination.

What Did the Court Decide?

The Court found:

• The ABC did not follow the proper process in dismissing Ms. Lattouf.
• There was no clear evidence she had been told not to post on the issue.
• The termination was influenced by external pressure and may have been discriminatory.

Justice Rangiah noted that the ABC’s reasoning was inconsistent and “rather flimsy.”

Key Lessons for Employers

1. Procedural Fairness is Critical

Employers must give staff a fair chance to respond to allegations and follow consistent, documented processes when disciplinary action is considered, even with casual or contract staff.

2. Social Media Policies Must Be Clear

It’s not enough to have a social media policy — employees must be clearly informed of expectations, especially in sensitive or high-profile roles. Vague or selectively enforced rules can expose employers to legal risk.

3. Political and Racial Discrimination is Prohibited

The ruling reinforces that employees are protected under the Fair Work Act from dismissal due to political opinion or race. Claims of discrimination must be carefully considered and documented.

4. Casual Workers Have Rights Too

Short-term or casual arrangements still fall under federal protections. Employers must not assume they can sidestep the process or protections due to the temporary nature of the contract.

What Happens Next?

Ms. Lattouf is expected to seek compensation and penalties. The ABC has not yet confirmed whether it will appeal.

What Should NSW Employers Do Now?

• Review dismissal procedures and documentation practices.
• Ensure all staff, including casuals, receive clear communication on conduct policies.
• Train managers to handle misconduct and media attention fairly and lawfully.

If you’re concerned about how this ruling may affect your organisation or employment practices, call us on +612 9283 5599 or complete the free and confidential call-back form below.