ABC Has Spent $1.1 Million on Unlawful Termination Lawsuit

The Australian Broadcasting Corporation (ABC) has revealed an eye-watering $1.1 million expenditure on external legal fees in its ongoing battle against former employee Antoinette Lattouf’s unlawful termination claim. According to abc.net, this figure emerged during a parliamentary hearing where the broadcaster faced intense scrutiny from senators across the political spectrum about its management of the high-profile case.

Acting Managing Director Melanie Kleyn faced a barrage of questions during Senate estimates, where Greens Senator Sarah Hanson-Young characterized the entire affair as “messy” and “badly handled.” When pressed about the substantial legal costs, Kleyn acknowledged the financial burden but defended the broadcaster’s position.

“The ABC has tried on multiple occasions to settle the matter on a commercial basis, this is without admission of liability,” Kleyn stated. “The ABC maintains that it did not terminate Ms Lattouf’s one-week contract unlawfully but we do obviously understand that this is an impost on public funds, and that is why we have tried to attempt to settle this matter.”

The controversy stems from Lattouf’s December 2023 removal from a temporary radio presenting role. The Fair Work Commission previously determined she had been sacked, and she subsequently pursued legal action in Federal Court, alleging her termination was connected to her political opinions and/or race. The case is nearing its conclusion, with closing arguments scheduled for this week.

Particularly contentious was the ABC’s initial legal strategy, which The Guardian reports included an argument questioning whether Lattouf needed to prove the existence of a Lebanese, Arab, or Middle Eastern race—a position that sparked significant backlash from staff and multicultural communities.

Chief People Officer Deena Amorelli told senators this argument “should never have been made” and confirmed the broadcaster would issue further apologies once court proceedings concluded. When specifically asked by Greens Senator Mehreen Faruqi if the ABC had apologized to staff who are people of color or First Nations, Amorelli responded: “We do apologise for the distress that was caused.”

The hearing revealed that Lattouf had initially sought $85,000 in compensation along with a public apology and reinstatement as a presenter before pursuing legal action. When Senator Faruqi questioned whether the broadcaster now regretted not settling for that amount given the million-dollar legal bill, Kleyn replied: “If you’re asking me: Would the ABC have preferred not to spend the $1.1 million? The answer to that is yes.”

The substantial legal expenses disclosed do not include costs associated with the ABC’s in-house legal team, meaning the total expenditure is likely even higher. Kleyn assured senators that the organization would “absolutely reflect on this matter” once resolved.

This case has attracted significant public attention, with each development extensively covered by the media. The situation grew more complex when former ABC Chair Ita Buttrose made allegations regarding “inconsistencies” in outgoing Managing Director David Anderson’s affidavit.

In a separate but related matter during the same hearing, ABC Editorial Director Gavin Fang addressed questions about the broadcaster’s coverage of the Israel-Gaza conflict. He clarified that journalists may use the term “genocide” when reporting on Israel’s military operations in Gaza but must also reference Israel’s denial of such characterization. The ABC’s legal battle with Lattouf continues to raise questions about the broadcaster’s handling of diversity issues and financial management of public resources.