Hundreds of ABC staff have demanded the broadcaster disavow its legal position that Antoinette Lattouf had failed to prove that the Lebanese, Arab or Middle Eastern races exist and launch an inquiry into the independence of the public broadcaster.
While Lattouf has alleged in her unlawful termination case against the ABC that her political stance and race had played a role in the public broadcaster terminating her contract, the ABC has argued in federal court that the existence of a Lebanese, Arab or Middle Eastern “race” must be proven as fact.
Lattouf arrives at the Federal Court with her legal team on Thursday.Credit: Kate Geraghty
Staff are outraged over the ABC’s position, this masthead was told, and on Thursday, around 250 union staff passed a resolution demanding explicit acceptance from the ABC that it will not require proof it is possible to be racist to a Lebanese, Arab or Middle Eastern person, as well as offering an apology for making this argument in court.
“Whether there is a Lebanese, Arab, or Middle Eastern “race” is a complex multi-faceted question of fact. The facts must be proved,” the ABC’s application, published by the Federal Court, states.
“Ms Lattouf has led no evidence of any relevant fact […]. There is therefore no basis on which to find, as a fact, that there is a Lebanese, Arab, or Middle Eastern “race” within the meaning of s 772(1)(f),” the document argues. 772 (1) 9f) refers to discrimination in unlawful termination claims.
The ABC’s union house committee said as a public broadcaster, it must act as a model litigant, demanding an immediate disavowal of this position and acknowledge, without qualification, that Lebanese, Arab and Middle-Eastern people can be subject to racial discrimination.
ABC staff have also called for an independent inquiry to examine the ABC’s independence and how pressure may have inappropriately influenced the broadcaster, including the attempts to sack Emma Alberici and Andrew Probyn in 2018, and how external pressure allegedly influenced the sacking of Lattouf.
A statement from the ABC’s union house committee said the inquiry should be conducted within 12 months and produce a public report, while also asking for a full apology to Lattouf, staff and the public for allowing external pressure to influence its independence and hard-won trust.
There were seven other resolutions passed, including an acknowledgement from chair Kim Williams that the events relating to Lattouf’s sacking, which occurred before his time, were unacceptable, and asking incoming managing director Hugh Marks to meet regularly with the MEAA union house committee.
