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Lawyers for the ABC will go to mediation with representatives for a former presenter sacked after sharing a social media post about the war in Gaza following a major twist in the high-profile Fair Work claim.
Antoinette Lattouf, a former fill-in breakfast presenter at the national broadcaster, lodged an unfair dismissal claim against her former employer alleging she was dropped for her political views and because of her race.
During the first case management hearing on Monday, the Federal Court was told both parties were interested in heading to mediation as soon as possible.
This process is likely to take place within a month, following Justice Darryl Rangiah’s orders for the proceeding to be referred for mediation after April 1.
Ms Lattouf was working as a fill-in radio host for the ABC’s Sydney morning radio slot between December 18 and 22 last year.
She was dismissed on December 20 after sharing a post from Human Rights Watch on her Instagram page that alleged the Israeli government was using starvation as a weapon of war in Gaza.
The same claim was reported by the ABC that day.
In her statement of claim, Ms Lattouf alleges she was sacked for expressing a political opinion and because of her race.
But the ABC has denied this, insisting a decision was made to “not require” her for the final two days of her five-day contract.
The broadcaster has claimed Ms Lattouf “failed or refused to comply” with directions to not post on social media about controversial matters for the time she was presenting, resulting in her termination.
Ms Lattouf is seeking a declaration that the ABC breached the Fair Work Act as well as compensation and a penalty for the broadcaster.
During Monday’s brief hearing Christopher Tran, acting for Ms Lattouf, sought an order for a “no later date” by which mediation with the ABC could occur.
This was opposed by the ABC’s barrister Ian Neil SC, who said it was antithetical to think the process would not proceed in an expeditious manner.
“It is antithetical to impose an arbitrary deadline,” he told the court.
“The safer and better course is to leave the matter in the hands of the mediator.”
The ABC is yet to file a defence to Ms Lattouf’s claim that Justice Rangiah ordered be filed and served by March 22.
The matter was referred to mediation before a court registrar, following consultation by the parties, to occur after April 1.
In separate legal filings before the Federal Court, Ms Lattouf also alleges the ABC breached its own employee enterprise agreement when they sacked her “without a proper basis and due process.”
She alleges the ABC breached the agreement by terminating her employment for alleged misconduct while failing to advise her what constituted the misconduct as well as whether the complaint was “substantiated”.
Ms Lattouf is also claiming the broadcaster did not give her an opportunity to respond or explain her actions.
The court claims follow a bruising few months for the national broadcaster after staff voiced their outrage over perceived bias in the coverage of the ongoing conflict in the Gaza Strip.
More than 100 of the ABC’s union-aligned staff passed a vote of no confidence in its managing director David Anderson late last year – both as a result of Ms Lattouf’s dismissal and of the alleged “pro-Israel” coverage.
ABC chair Ita Buttrose and the rest of the board have unanimously backed Mr Anderson.
“It is abhorrent and incorrect that people would suggest that he has shown a lack of support for independent journalism and journalists,” Ms Buttrose said in a statement.
“David Anderson has always been a strong supporter of the independence of the ABC and its journalists.
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