Those hoping the Federal Court’s findings in the Antoinette Lattouf case will go some way to answering a question surrounding the rights of workers to express their political opinion ‒ and the rights of employers to prevent them ‒ will probably be disappointed.

Antoinette Lattouf at the Supreme Court of NSW, flanked by her lawyer Josh Bornstein. Credit: Oscar Colman

Lattouf’s case was mounted on the basis that her employment contract was unlawfully terminated, in breach of section 772 of the Fair Work Act, due to her expression of her political opinion, or, alternatively, her race and political opinion. A secondary but related issue was that the ABC breached the staff enterprise agreement.

The ABC relied on the defence that it had terminated Lattouf’s employment for reasons that did not include her political opinion, race or national extraction but because of her failure to follow a direction from her producer not to post anything about the Israel-Gaza war and because she had contravened the ABC’s “Personal use of social media - Guidelines”.

The court found in Lattouf’s favour, noting that Lattouf had not been given a direction, but simply general guidance. It also found that the ABC was ultimately unable to identify any breaches of the social media guidelines or editorial........

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