Lawyers for Antoinette Lattouf allege ex-ABC chair Ita Buttrose and managing director David Anderson personally involved in her sacking

Journalist Antoinette Lattouf’s unfair dismissal claim against the ABC took a dramatic new twist on Monday when her lawyers argued former chair Ita Buttrose and managing director David Anderson were key ‘decision makers’ in her sacking. 

Lattouf was contracted by the ABC for a fill-in position on the Sydney mornings radio program between December 18 and 22, 2023.

But she was sacked three days into the contract after sharing a Human Rights Watch post on her Instagram page alleging the Israeli government used starvation as a weapon of war in Gaza.

She subsequently lodged cases for unfair dismissal against the national broadcaster in the Federal Court and with the Fair Work Commission. 

On Monday, her barrister Philip Boncardo said Ms Buttrose and Mr Anderson were involved in the firing of Lattouf on December 20.

‘It is our contention that Ms Buttrose, the chair of the ABC, and Mr Anderson, the managing director, were either themselves decision makers or materially involved in the decision-making process,’ he told the Federal Court.

‘It is likely that at least eight, if not all of the witnesses for the respondent would be required for cross-examination.’

Chris Oliver-Taylor, the ABC’s chief content officer, was named as the main decision maker in Lattouf’s dismissal.

Her updated statement of claim, which was filed last week, said she opposed ‘the Israeli military campaign in Gaza’, supported Palestinians’ human rights and questioned ‘the authenticity of footage of demonstrators chanting anti-Semitic chants at the Sydney Opera House’ in November 2023, the Australian reported.

The claim states that on December 20, Mr Oliver-Taylor sent Mr Anderson a text saying Lattouf ‘has breached our editorial policies whilst in our employment’ and he had ‘no option but to stand her down’.

Mr Oliver-Taylor said she had not followed instructions from her producer not to post anything online while working at the ABC.

In a phone call with Mr Oliver-Taylor, Mr Anderson reportedly agreed with Lattouf’s contract being prematurely ended.

The decision to hire Lattouf in the first place led to complaints to the ABC board, including to its then chair, Ms Buttrose.

Lattouf previously alleged the ABC contravened its own enterprise agreement and fair work laws for terminating her contract when she had not engaged in misconduct.

She claimed she was told by an ABC manager that the broadcaster had received ‘a large number of complaints from pro-Israel lobbyists’ about her being on air before her dismissal.

She said she was advised to ‘keep a low profile on Twitter’ but could post information from reputable sources such as Amnesty International.

The court heard that former ABC chair Ita Buttrose (pictured) and managing director David Anderson were key ‘decision makers’ in Lattouf’s sacking

Previous attempts by the ABC to argue Lattouf was not ‘terminated’ within the meaning of the relevant law due to her being on a casual contract were dismissed by the Fair Work Commission. 

The case then moved to the Federal Court. 

Both sides have made settlement offers, but each was rejected by the other party. 

The ABC rejected Lattouf’s recent settlement request of compensation of $85,000, a public apology and her reinstatement as a fill-in radio presenter.

The national broadcaster’s counter offer, the terms of which were not disclosed, was rejected by Lattouf. 

The trial is due to begin on February 3 and run for five days.

There will then be another two days for submissions on February 27 and 28.