Posted: 2024-10-28 01:09:29

Antoinette Lattouf's lawyers will argue that former ABC chair Ita Buttrose and outgoing managing director David Anderson were either "decision-makers or materially involved" in the journalist's sacking during an unfair dismissal case set for hearing next year.

Ms Lattouf has taken the broadcaster to the Federal Court after she was taken off air part way through a radio presenting stint on ABC Radio Sydney last year.

The stint ended after she shared a social media post on the war in Gaza and she argues she was fired for expressing a political opinion, and that race was a factor in the decision.

Ahead of a five-day hearing scheduled for February, Justice Darryl Rangiah was on Monday told Ms Lattouf has filed an affidavit and an expert report relevant to her claim for general damages.

Her counsel Philip Boncardo said the ABC has provided nine affidavits from "a variety of witnesses who were either reportedly decision-makers or involved in the decision-making process".

ABC Chairperson, Ita Buttrose with ABC Managing Director, David Anderson

Ms Lattouf's lawyers will argue Ita Buttrose (left) and David Anderson (right) were involved in the termination of her contract. (ABC News)

The case would turn on the evidence of relevant decision-makers, Mr Boncardo said, and the ABC had identified Chris Oliver-Taylor, the chief content officer, as the "decision maker".

"It's our contention and will be our contention that Ms Buttrose, the [then] chair of the ABC, and Mr Anderson, the managing director, were either themselves decision makers or materially involved in the decision-making process so that their reasons are also relevant," he said.

Mr Boncardo told the judge at least eight if not all of the ABC's witnesses will likely be required for cross-examination.

Ian Neil SC, representing the ABC, said the broadcaster would argue Mr Oliver-Taylor was the decision maker.

"It puts in issue any suggestion that there was either another or other decision-makers, or that others had a material and legally significant involvement in the making of the decision," Mr Neil said.

"So that's going to be a contest, a factual contest."

A woman with long dark hair wearing a mustard jacket

Ms Lattouf was taken off air after sharing a social media post on the war in Gaza. (AAP: Dean Lewins)

The Fair Work Commission has previously heard the ABC told Ms Lattouf she breached the organisation's social media policy by posting content from Human Rights Watch on her personal Instagram account.

The commission rejected the ABC's position that her employment was not terminated because she was paid for the full five-day stint.

Mr Boncardo said that position was "agitated again" in the Federal Court case.

Referring to the material filed by the ABC, he said a number of documents were relevant to what led to Ms Lattouf's termination.

He said that included complaints received by "persons external to the ABC" who engaged in "what could perhaps be described as a campaign against my client".

In June, mediation was unsuccessful, which Ms Lattouf described as "incredibly disheartening".

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