The Federal Court of Australia has delivered a significant ruling in Lattouf v Australian Broadcasting Corporation (No 2) [2025] FCA 669, offering vital clarification on unlawful termination, political opinion in the workplace, and the obligation to follow procedural fairness under the Fair Work Act 2009 (Cth).
At MCB Lawyers, we help businesses across the Northern Beaches, Illawarra and Parramatta navigate complex employment law issues. This decision is a powerful reminder to employers of the risks involved in mishandling dismissals — especially where protected attributes such as political opinion are in play.
Case Summary: What Happened?
In December 2023, journalist Antoinette Lattouf was engaged for a five-day presenting role with ABC Radio Sydney. Just three days in, her contract was abruptly terminated after she shared a Human Rights Watch social media post concerning the Israel-Gaza conflict.
The ABC argued the post breached their social media policy. However, Ms. Lattouf claimed her dismissal was due to her political opinion — a protected attribute under the Fair Work Act.
https://www.abc.net.au/news/2025-02-03/nsw-antoinette-lattouf-fair-work-abc-federal-court-trial/104889746
The Federal Court’s Findings
Justice Rangiah of the Federal Court found that:
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The ABC unlawfully terminated Ms. Lattouf in contravention of s 772(1)(f) of the Fair Work Act due to her political opinion;
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The ABC breached its Enterprise Agreement by denying her procedural fairness;
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Ms. Lattouf was not given an opportunity to respond, was not informed of the allegations, and was denied representation, all of which violated procedural fairness obligations.
Ms. Lattouf was awarded $70,000 in compensation for non-economic loss. A separate hearing will address potential penalties under the Act.
Implications for Employers
This decision holds crucial insights for Australian employers, particularly those with staff who hold public-facing roles, are subject to enterprise agreements, or engage with social media.
1. Political Opinion Is a Protected Attribute
Under the Fair Work Act, expressing political opinion — including online — cannot form the basis for disciplinary action or termination unless it genuinely breaches policy and the process is fair and lawful.
2. Procedural Fairness Is Non-Negotiable
If an enterprise agreement or internal HR policy outlines disciplinary processes, they must be followed. This includes:
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Informing the employee of allegations;
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Allowing a fair opportunity to respond;
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Permitting representation during disciplinary meetings.
Failure to do so may render any termination unlawful, even if a policy was arguably breached.
3. Consistent Application of Policies
Policies, particularly on social media and conduct, must be applied consistently across all employees. Selective enforcement exposes employers to claims of discrimination or adverse action.
4. Avoid External Influence in Decision-Making
The Court noted the ABC’s decision appeared influenced by external pressure from lobby groups. Employment decisions should always be independent, evidence-based, and aligned with legal obligations — not public opinion or media influence.
Why This Matters for Employers
Many local businesses, particularly those with public engagement, political sensitivity, or media presence, may face similar risks. Whether you’re managing:
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Disciplinary actions;
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Social media conduct;
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Term contracts or casual engagements;
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Compliance with enterprise agreements…
…you must ensure you’re meeting procedural fairness and non-discrimination requirements.
At MCB Lawyers, we advise employers across Manly and the Northern Beaches, including the Ilawarra and Parramatta on best practice employment law compliance — from drafting policies to defending unfair dismissal claims.
Need Advice on Employment Termination or Policy Compliance?
If you’re unsure whether your policies comply with the Fair Work Act — or you’re facing a dispute about unfair dismissal, enterprise agreements, or political opinion in the workplace — contact MCB Lawyers today.
📍 Based in Manly, we’re your trusted employment law advisors for the Northern Beaches and beyond.
📞 Call us on (02) 9977 1133
Disclaimer: This blog post is for general information only and does not constitute legal advice. Please seek tailored legal advice before acting on any of the information provided.