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Lattouf on Monday said she was pleased the commission had dismissed the ABC’s claim but that the claim itself was a “waste of taxpayers’ money” which had caused unnecessary delays in her pursuit of truth and justice.
“I remain bitterly disappointed that I was fired for posting a fact the ABC itself was also reporting, namely a report of Human Rights Watch about starvation used as a tool of war,” she said.
Supporters of Antoinette Lattouf at the Fair Work commission in March, during her hearing against the ABC.Credit: Kate Geraghty
She added that she remained committed to achieving a just outcome for the matter but declined to comment on how she and her team would approach the June 25 mediation date with ABC.
Lattouf and her legal team will now consider whether to proceed with the unfair dismissal action in the Fair Work Commission over the reasons she was sacked or focus on a separate Federal Court case.
Following the ruling, the ABC said it would continue to defend the claims in the Federal Court. It also rejected the claim that any of its actions were influenced by Lattouf’s political opinion or race.
“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. Those matters were not the subject of today’s decision,” the statement published on Monday evening said.
Antoinette Lattouf has had a key win in her legal fight against the ABC.Credit: Kate Geraghty
In the 51-page ruling, Boyce said any intention to pay Lattouf for the remainder of the contract “was never raised” before the December 20 meeting, where the decision to sack her was made.
“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,” the ruling said.
“Rather, the applicant was simply told at the 20 December meeting that she was being taken off-air [and relieved from performing any further work whatsoever for the remainder of the December engagement] because of conduct that was considered to be [a] breach of ABC instruction and/or policy.”
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