ABC’s costs hit $1.1 million in Lattouf sacking case and it’s not over yet

The ABC has spent an eye-watering $1.1 million of taxpayer dollars so far defending an unlawful termination case brought by Antoinette Lattouf, the public broadcaster has revealed while denying claims it handled the whole affair “badly”.

ABC officials faced a grilling in Senate estimates on Tuesday, where they were probed about the ongoing Federal Court case, which is due to hear closing submissions on Thursday and Friday.

Ms Lattouf was three days into a five-day contract with ABC Radio Sydney in December 2023 when she was sacked, over claims her social media posts on the Israel-Gaza conflict breached editorial policy.

The ABC denies it terminated her contract unlawfully, saying she was not dismissed as she was on a casual contract and was paid for her final two shifts.

Acting managing director Melanie Kleyn revealed the costs of the legal case so far to the Senate, confirming the $1.1 million figure includes external costs and the broadcaster’s counsel, but could not provide a total estimated cost.

“In answering that question, I would like to highlight the ABC has tried on multiple occasions to settle the matter on a commercial basis without admission of liability,” she said.

“The ABC maintains it did not terminate Ms Lattouf’s one-week casual contact unlawfully, but we do obviously understand that this is an impost on public funds, and this is why we have tried to attempt to settle the matter.”

The ABC last year rejected Ms Lattouf’s settlement request of $85,000, a public apology, and reinstatement as a fill-in presenter.

Ms Kleyn dodged questions about former chair Ita Buttrose disputing key evidence made by outgoing managing director David Anderson, saying she “would not be able to comment at all on different witness statements”.

In a legal letter sent from Ms Buttrose to the firm acting for the ABC, the former chair reportedly alleged Mr Anderson’s evidence was inconsistent with her own recollection of events.

The first sticking point related to a conversation Ms Buttrose and Mr Anderson had on the day Ms Lattouf was sacked, before the executives headed to an end-of-year lunch.

The second goes to evidence Mr Anderson provided about a conversation he had with former content chief Chris Oliver-Taylor on the way back from the lunch.

Ms Buttrose reportedly claims to have an invoice from a car hire company, which contradicts Mr Anderson’s evidence.

Mr Anderson, whose tenure ends next week, was not at estimates on Tuesday because he was on “accrued leave”.

Questioning whether the ABC had screened Ms Lattouf’s social media activity before giving her the contract, chief people officer Deena Amorelli said that was not part of the “reference checking and interview process”.

She rejected Liberal senator Sarah Henderson’s assertion that was a “mistake” in processes.

Under questioning from Greens senator Sarah Hanson-Young, the ABC rejected the assertion it had handled the whole affair “poorly”.

Ms Kleyn said the ABC would “continue to reflect on this matter”.

“The process is still before the courts. We defend our position that we did not unlawfully terminate a casual contract, and we will wait to see how this unfolds, and we will continue to reflect and learn,” she said.

The ABC also apologised for attempting to question Ms Lattouf’s “Lebanese, Arab, or Middle Eastern” race in a since-withdrawn legal argument.

Ms Amorelli told Greens senator Mehreen Faruqi the arguments “should never have been made in the first place”, adding that the broadcaster “regretted” its choice.

“I appreciate the sentiment throughout sections of the community and our workforce, which we absolutely heard, and we regret that the decision to run that argument was made, and accept that it should not have been made,” she told the committee.