Lattouf v Australian Broadcasting Corporation (No 2)

The case of Lattouf v Australian Broadcasting Corporation (No 2) involved Ms Lattouf who brought an action against the ABC for unlawful termination of her employment. The dispute was heard in the Federal Court of Australia. Ms Lattouf alleged that her employment was terminated for reasons including her political opinion, race, or national extraction. This was in contravention of section 772(1) of the Fair Work Act 2009 (Cth). The court was required to determine whether section 772(1) should be interpreted similarly to Part 3-1 of the Fair Work Act. It was also required to determine what constitutes “political opinion” and whether section 772(1)(f) protects the expression, as well as the holding, of political opinion. The court also needed to determine whether the findings of the Fair Work Commission gave rise to an issue estoppel and whether there was a termination of the employment contract or of the employment relationship. The court further considered whether termination of the employment relationship constituted termination under section 772(1) and whether the employer had an obligation to provide work. It also considered whether a substantial and operative reason of the relevant decision maker was the applicant’s holding of a political opinion.

The court found that the ABC contravened section 772(1) of the Fair Work Act by terminating Ms Lattouf’s employment for reasons including that she held political opinions opposing the Israeli military campaign in Gaza. The court rejected Ms Lattouf’s allegations that the reasons for her termination included her race or national extraction. The court also held that the ABC contravened section 50 of the Fair Work Act by contravening clauses 55.2.1, 55.2.2, and 55.4.1(f) of the Enterprise Agreement. The court declared that the ABC breached sections 50 and 772(1) of the Fair Work Act. The court awarded Ms Lattouf $70,000 for her non-economic loss pursuant to section 545(1) of the Fair Work Act. The court also set down the matter for a hearing to determine the question of whether any pecuniary penalty should be imposed on the ABC pursuant to section 546 of the Fair Work Act and, if so, in what amount.

The court made orders that the ABC pay Ms Lattouf compensation of $70,000. The court also set down the matter for a hearing to determine the question of whether any pecuniary penalty should be imposed on the ABC pursuant to section 546 of the Fair Work Act and, if so, in what amount. The parties were to agree upon the procedural steps necessary to bring the question of any pecuniary penalty to a hearing and provide a draft order. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.