The Federal Court has ordered the ABC to pay a total of $150,000 in pecuniary penalties for unlawfully dismissing journalist Antoinette Lattouf over her political views and for multiple breaches of its Enterprise Agreement.
This penalty decision follows the earlier liability finding that the ABC's actions contravened section 772(1)(f) of the Fair Work Act 2009 (Cth) and several enterprise agreement provisions requiring procedural fairness.
Drawing enormous media attention, this case sets new standards - pushing the boundaries on penalties and damages.
In his decision, Justice Rangiah stated that the contraventions had caused Lattouf very significant consequences, extending beyond the loss of work.
"For most people, employment is not just a source of income, but contributes substantially to their sense of purpose, identity and self-worth.
"The unlawful termination of their employment for alleged misconduct, particularly where the employee has been given no chance to defend themselves against the accusations made, can be devastating.
"The human consequences of the unlawful termination of employment ought not be underestimated."
Why does it matter?
The judgment is a reminder that political opinion is a protected attribute; dismissals, even if partly connected to political opinion, are unlawful. Additionally, enterprise agreement obligations are binding, and clauses dealing with notice, allegations, representation, and misconduct procedures are enforceable.
These penalties serve not just to punish the ABC but to signal to other employers the need for compliance. Even well-resourced public or large employers can attract significant penalties for procedural missteps and failure to respect enterprise agreement protections.
Cutting corners, especially under public pressure, carries significant financial and reputational risks for employers.
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