The third day of the unfair dismissal case, which covered significant ground, began with the ABC’s opening arguments delivered by its barrister Ian Neil, SC. He took the court through the chronology of the case, from Lattouf’s engagement to her dismissal, after he quipped Lattouf’s team had jumbled it and “omitted salient events”.
He also revealed emails sent by former ABC radio executive Steve Ahern, who said Lattouf was hired as part of the ABC’s “diversity policy”.
Complaints about Lattouf’s presence on ABC Radio Sydney began hours after her first show, Neil said.
Radio presenter Antoinette Lattouf arrives at the Federal Court in Sydney on Wednesday.Credit: Louise Kennerley
Neil reaffirmed the ABC’s position that Oliver-Taylor was the “sole decision maker” in removing Lattouf, rather than former chair Ita Buttrose or Anderson. Anderson appeared to back up this position later in the day.
“I think if Mr Oliver-Taylor had his time over again, he might have sought additional advice from other people before he made his decision,” Anderson said.
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Lattouf initially took the public broadcaster to the Fair Work Commission after she was sacked in late 2023, three days into a five-day contract hosting a radio show in Sydney. It has since snowballed into a crisis for the ABC.
She has claimed, in part, this was due to expressing political opinion and racial discrimination.
Following up on comments made by Fagir on Monday that the ABC would argue Lattouf “has not proven there is a Lebanese, Arab or Middle Eastern race”, Neil went on to clarify the ABC “does not deny the existence of any race”.
The ABC also took issue with the suggestion that any complaints made about Lattouf, including those made by what Lattouf’s team have characterised as being from pro-Israel lobbyists, had any significance on the decision or the case.
Neil said the documentary evidence showed “the focus of each of those people was the perception of partiality, to which Lattouf’s social media activity had or might reasonably give rise, and the management of the risks for the ABC and its statutory obligations of impartiality”.
Anderson will return when the hearing resumes on Thursday.
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