Federal Court orders Lattouf, ABC to undergo mediation

The Australian Federal Court has ordered the representatives of ABC and its former presenter Antoinette Lattouf to undergo mediation over allegations of unlawful termination case.

The order comes after Lattouf raised to the Federal Court her case against the ABC; she is also suing her former employer for reportedly breaching its own Enterprise Agreement (EA), according to reports.

Lattouf is accusing ABC of terminating her "without a proper basis and without due process" when she was working as a fill-in host for ABC's Sydney radio slot in December 2023, ABC reported.

She also accused her former employer of failing to give her an opportunity to respond or explain her actions.

On Monday, the Federal Court told both parties to head into the process of mediation, news.com.au reported.

This will likely take place within a month, according to the report, which noted that the court's order for the proceedings was to be referred for mediation after April 1.

Lattouf is seeking reinstatement, compensation, pecuniary penalties against ABC, according to reports. She also wants ABC management to undergo training to ensure compliance with EA obligations.

In December 2023, ABC's chief people officer Dharma Chandran sat down for a video interview with HRD Australia to discuss DE&I at the national broadcaster

Lattouf's dismissal at ABC

Lattouf was terminated in December 2023 for reposting a Human Rights Watch social media post alleging the Israeli government is using starvation as a weapon of war in Gaza, according to her legal representatives.

However, ABC said it fired the broadcaster because she was initially asked not to post anything that could be considered controversial on social media while she hosted the radio show.

The broadcaster raised a complaint to the Fair Work Commission over her dismissal, which expanded in January to allege that she was also terminated for her ethnicity.

"The claim has now been amended to reflect that Antoinette Lattouf alleges that she was sacked by the ABC because she expressed a political opinion and also because of her race," said Josh Bornstein, her principal lawyer, in a statement.

At the FWC, Lattouf is asking for a "detailed, public apology and compensation for harm to reputation and for distress and humiliation."

"In addition, Antoinette will seek an order that the ABC offer her a commensurate role back on air, as she is passionate about the importance of a representative public broadcaster. Finally, we are also seeking the imposition of penalties on the ABC to deter it from repeating this conduct," Bornstein said.