Antoinette Lattouf’s mediation with the ABC has failed, sending the case to the Federal Courtroom for trial.
Lattouf claims she was unfairly dismissed by the nationwide broadcaster after she was eliminated in December final yr from an informal fill-in position on ABC Radio’s Sydney Mornings. The elimination got here after Lattouf posted a Human Rights Watch report on her private Instagram concerning the ongoing battle within the Center East that mentioned Israel was utilizing hunger as a device of warfare in Gaza — a report that was additionally lined by the ABC.
Earlier this month, the Truthful Work Fee discovered that the very fact Lattouf was taken off air and suggested to depart the ABC’s Ultimo headquarters as quickly as potential constituted termination of employment throughout the which means of the Truthful Work Act.
The ABC initially filed a defence that argued Lattouf was terminated, earlier than then amending it to argue that she had not been terminated in any respect, making use of for the case to be dismissed.
The matter will now proceed to the Federal Courtroom for trial, with Lattouf saying on social media that it was “extremely disheartening” that the mediation had failed.
Lattouf’s lawyer Josh Bornstein mentioned {that a} trial was more likely to shine a light-weight on the inner workings of the ABC and the way administration got here to the choice to sack his shopper.
“One space that’s more likely to be thought of in discovery is something that reveals why [the ABC] took the choices that they did,” Bornstein instructed Crikey.
“Something that sheds mild on their motive for sacking Antoinette Lattouf.”
Whereas it was set down for an entire day on Tuesday, the mediation between the events lasted for simply over an hour.
Requested about the potential for a late settlement within the case, Bornstein replied: “I anticipate this case will go to trial”.
“The statement that I might make … is that the ABC from the outset has handled this matter with most aggression, and I anticipate that to proceed,” he mentioned.
Bornstein instructed Crikey he anticipated a trial would final round two to a few days.
Marque Attorneys managing associate Michael Bradley instructed Crikey the “overwhelming majority of employment claims are settled” and that it was “arduous to see what profit there’s to the ABC from litigating this”.
Bradley identified that when the declare goes to Federal Courtroom, the prices calculus is totally different, sending the stakes “means up”.
“Within the Federal Courtroom, the default is that prices are awarded towards the dropping occasion, so everybody’s at significantly extra danger from this level on,” Bradley mentioned.
“The prices are going to outweigh the monetary worth of the declare.”
Bradley mentioned it appeared like a “lose-lose” for the ABC.
“From a PR perspective it looks as if a lose-lose, whatever the end result. It’s gonna be fairly embarrassing and costly … it’s an odd hill to decide on to battle on.”
Who do you again, Antoinette Lattouf or the ABC? Tell us your ideas by writing to letters@crikey.com.au. Please embody your full title to be thought of for publication. We reserve the correct to edit for size and readability.
