Journalist and presenter Antoinette Lattouf was sacked by the ABC when she was taken off-air part way through a radio presenting stint, the Fair Work Commission has found.
Ms Lattouf, 40, lodged a claim for unlawful dismissal against the ABC after she was sent home on day three of a five-day assignment presenting at ABC Radio Sydney in December.
Her Fair Work Commission submission claims the ABC told her she breached the organisation's social media policy for posting content from Human Rights Watch about the war in Gaza on her personal Instagram account.
The ABC's position was that Ms Lattouf's employment was not actually terminated, because she was paid for the full five days.
In a decision published today, the Fair Work Commission has rejected that argument and found Ms Lattouf's employment was terminated by her managers during a meeting on December 20.
The ruling paves the way for Ms Lattouf to pursue an unlawful termination case which has been filed in the Federal Court.
According to her claim, Ms Lattouf's ABC manager called her on December 18, informing her that "Jewish lobbyists were unhappy that she was on the air".
Ms Lattouf alleged the manager discussed her use of social media, but confirmed that sharing information from "a reputable NGO" or similar was "fine".
She re-posted the Human Rights Watch video the following night, which was accompanied by her caption, "HRW reporting starvation as a tool of war".
Lattouf not told in meeting she would be paid in full
On December 20, Ms Lattouf said she was summoned to a meeting with three managers and told she had breached the organisation's social media policy.
In his ruling, the commission's deputy president Gerard Boyce said the ABC did not tell Ms Lattouf in that meeting that she would be paid for the full five days.
"I find that the weight of the ABC's own evidence points toward there being no firm position, or even an understanding, leading up to, or immediately after, the 20 December Meeting, that the Applicant was to be paid for the remainder of her shift hours after she was told to leave the ABC's premises," he said.
He said the ABC's conduct in the December 20 meeting made clear her employment was terminated.
"The Applicant was not allocated any further or other work to perform, and she was asked to politely leave (sooner rather than later) the ABC premises," he said.
He also said the ABC did not respond to an email Ms Lattouf sent after she was dismissed, asking why her social media post breached guidelines.
"The ABC did not reply to the Applicant's Clarification Email at all, let alone confirm or deny that the Applicant remained employed by the ABC."
A senior ABC manager told the commission during a hearing in March that the broadcaster had received "many" complaints about Ms Lattouf, but that did not contribute to a decision to take her off air.
The commission accepted evidence that Ms Lattouf was told that the ABC had received complaints from "pro-Israel lobbyists" about her presence on air.
But it did not rule on whether Ms Lattouf was dismissed as a result of these complaints, or whether her dismissal was unfair.
ABC's challenge 'a waste of taxpayers' money', Lattouf says
Ms Lattouf said she was pleased with the ruling and remained "committed to achieving a just outcome".
"I believe the ABC's challenge was a waste of taxpayers' money, causing unnecessary delays in my pursuit of truth and justice," she said.
"An unprecedented amount of journalists have been targeted and killed in Palestine. Countless journalists in Australia are also under attack.
"The truth isn't always convenient or comfortable, but it doesn't stop being factual."
She said she was passionate about an ABC that is fearless, independent and not brittle and susceptible to external pressure.
Ms Lattouf's lawyer Josh Bornstein said the decision means her claim of unlawful termination can proceed to the Federal Court.
"We will add the claim of unlawful termination to the claim currently before the Federal Court that alleges that the ABC also violated its enterprise agreement by sacking Antoinette Lattouf without due process and without a proper basis," he said.
The ABC said in a statement it would continue to defend the claims by Ms Lattouf in the Federal Court.
"In response to the claim before the Commission, the ABC maintains that it acted on the basis of a belief that Ms Lattouf had not complied with a direction in relation to her use of social media," the statement read.
"Those matters were not the subject of today's decision."