ABC’s Unlawful Dismissal Case Could Cost Taxpayers $2 Million

ABC Managing Director Hugh Marks has defended the broadcaster’s handling of the lawsuit while saying it was a ‘great learning exercise.’

The front entrance of the Australian Broadcasting Corporation's (ABC) head office, the Ultimo Centre, in Sydney, Australia on Nov. 18, 2023. Wade Zhong/The Epoch Times

The managing director of the Australian Broadcasting Corporation (ABC) has admitted that its unlawful dismissal of a casual staff member is likely to cost taxpayers over $2 million (US$1.3 million).

The comments come just a day after a Federal Court ruling that found journalist Antoinette Lattouf was unlawfully dismissed due to her political views, with the court ordering the broadcaster pay $70,000 in compensation.

In December 2023, Lattouf was hired as a stand-in host for a radio program for five days.

However, halfway through her stint, Lattouf was dismissed after sharing a post on social media alleging that Israel was using starvation as a weapon in Gaza—an allegation rejected by the Israeli government.

The journalist later took the case to the Federal Court, where she argued that she was sacked because of her political opinion and cultural background.

While Justice Darryl Rangiah ruled in favour of Lattouf, he did not uphold her claim of racial discrimination.

Before Lattouf’s lawsuit was launched, the journalist sought to have the ABC fulfil three demands: pay her compensation of $85,000, issue a public apology, and for her to be reinstated as a fill-in radio presenter for five shifts.

However, it appears that the ABC refused to meet these demands.

The public broadcaster later engaged with Lattouf to settle the case, but the attempts were unsuccessful.

At a Senate Estimates hearing in late February 2025, the ABC revealed that it had spent $1.1 million on litigation costs.

Antoinette Lattouf speaks to the media during a doorstop at the Federal Court in Sydney, Australia, on June 25, 2025. AAP Image/Bianca De Marchi

ABC’s Unlawful Dismissal Could Rise to $2 Million

During an interview with ABC radio on June 26, ABC Managing Director Hugh Marks said he was not clear about the total cost of the lawsuit.

“I don’t have the exact number for you, but it will be millions, and that is not a good use of taxpayers’ money,” he said.

When asked whether the cost would increase to more than $2 million, Marks said he suspected so.

“I wasn’t completely aware as to where the trial would go. But it sounds like there’s still more work to do,” he said.

“It would have been better if it hadn’t happened at all.”

While the court has issued a ruling, it has not determined whether to impose a potential fine on the ABC, which will be considered at a later hearing.

At the same time, Marks explained why the ABC did not accept Lattouf’s demands.

“If those [settlement] discussions [went through], effectively we’re inviting the ABC to compromise our editorial principles and our right to be independent of external influence,” he said.

“That is also a problem that needs to be addressed.

“It’s not just about money. These things are all tied in together.”

The director also stated that the ABC was still “fair and balanced” in its reporting, including in its coverage of Middle East issues and the recent federal election.

“I don’t find great examples of evidence of bias or impartiality,” he said.

ABC Managing Director Hugh Marks during a public hearing at Parliament House in Canberra, Australia, on Feb. 19, 2021. Sam Mooy/Getty Images

Director Defends the ABC’s Handling of the Lawsuit

When asked whether the way the ABC’s handling of the Lattouf incident was proper, Marks said it needed to be judged on its merits.

“I think one of the things that we need to be conscious [of is] that we need to let processes run, and we need to judge all complaints based on their merits and assess them on their merits,” he said.

While the director said the incident resulted in some changes in the ABC’s management, noting it was a “great learning exercise.”

“I think it’s a great learning exercise and a great lesson for everyone as to the importance of making good decisions, being calm in a crisis, not reacting, investing in our talent and our staff and the commitments and the principles that we have to operate on, and the importance of the ABC,” he said.

Time for a Federal Human Rights Act: Lawyers

Meanwhile, the Australian Lawyers Alliance (ALA) stated that Lattouf’s lawsuit exposed Australia’s lack of a constitutional right to freedom of speech, and called for a national human rights act.

“A federal human rights act would ensure that those who wield power, such as employers, are subject to a code of conduct that would prevent them from exercising this power in a way that infringes upon people’s rights,” said ALA spokesperson Greg Barns.

“There are many examples of significant litigation where breaches of fundamental rights were at the heart of the case. In so many of these cases, a federal human rights act would have prevented litigation or ensured a better result.”