One of Australia’s most closely watched unlawful termination cases has delivered significant lessons for employers, employees and lawyers alike.
The Federal Court decision in Lattouf v Australian Broadcasting Corporation pitched the national broadcaster against journalist Antoinette Lattouf, placing employment law, particularly protections around political opinion and social media use, into the national spotlight.
In this episode of The Callover, host Georgia Athanasellis speaks with Shannon Chapman, Partner in Workplace Relations and Safety at law firm Lander & Rogers, to discuss the ruling and its broader implications.
With nearly 20 years’ experience in employment, industrial relations and safety matters, Ms Chapman outlines the background to the case, the court’s reasoning and what the decision means in practice.
Key warning for employers
Ms Chapman says the case highlights a critical risk for employers defending general protections and unlawful termination claims – particularly those involving a reverse onus of proof.
“The key thing is to be very careful to identify all decision makers,” she says.
“That’s not just the people who appear to be decision makers on paper, but anyone who had a substantive or operative impact on the decision being made.”
Failing to call evidence from all relevant decision makers, she says, can be fatal to a claim.
“Ultimately, you will lose a case with a reverse onus if you don’t call them.”
Challenges for employees bringing claims
On...
Footage of a group of women beating a man with slippers has circulated online in Hindu-majority India alongside false claims it showed a Muslim man trying to seduce women into converting to Islam a...