Political opinion in the workplace

A recent Federal Court decision has reinforced important protections for employees and highlighted risks for employers when dealing with politically sensitive issues in the workplace.

In Lattouf v Australian Broadcasting Corporation (No 2) [2025] FCA 669, journalist Antoinette Lattouf was awarded $70,000 in compensation after the Court found her dismissal by the ABC breached the Fair Work Act 2009 (Cth).

What happened?

Ms Lattouf was engaged to host ABC Sydney’s morning radio program in December 2023. Midway through her short contract, she reposted a Human Rights Watch video on her personal Instagram account which alleged the Israeli government was using starvation as a weapon of war.

The ABC received complaints and external pressure in response to the post and promptly removed her from her remaining shifts. She was not told which policies she had breached and was given no opportunity to respond before being terminated.

Ms Lattouf commenced proceedings, alleging she was dismissed because of her political opinion and that the ABC failed to follow the required procedures in its enterprise agreement.

The court’s decision

Justice Rangiah ruled that:

Political opinion is protected: The Fair Work Act prohibits dismissal on the basis of political opinion. This includes both holding and expressing political views — even outside of work, such as on personal social media.
Expression matters: Reposting content counts as an expression of political opinion. The ABC’s argument that it was “just sharing” was rejected.
Procedural fairness is essential: By failing to give Ms Lattouf notice of allegations or a chance to respond, the ABC also breached its enterprise agreement.

The Court found that her political opinion was one of the operative reasons for dismissal, and therefore unlawful.

Why this case matters for employers

This ruling carries important lessons for businesses owners and HR professionals:

1. Employee rights extend beyond the workplace

Political views expressed on personal social media may still be protected. Off-duty conduct cannot automatically be treated as outside an employer’s responsibilities.

2. The burden is on the employer

In these cases, the reverse onus of proof applies. If an employee claims dismissal was due to a prohibited reason (such as political opinion), the employer must prove otherwise — with clear evidence.

3. Follow your own processes

Enterprise agreements, awards and contracts often contain disciplinary procedures. Failing to follow them can amount to a breach in itself, separate from any discrimination claim.

4. Don’t be driven by external pressure

The Court criticised the ABC’s responsiveness to outside lobbying and looming media deadlines. Employers must base decisions on fair process and compliance with the law, not public or political pressure.

5. Review workplace policies

Social media and conduct policies should be clear, specific, and applied consistently. Vague or selectively enforced rules won’t stand up in court.

Additional insights for business owners

Beyond the immediate ruling, there are broader developments and lessons for employers in particular:

Financial penalties could go further

The Court is still considering whether to impose additional pecuniary penalties against the ABC, which could run into the hundreds of thousands. This shows the potential financial exposure when dismissals breach the Fair Work Act.

External pressure is a business risk

The Court noted that the ABC acted hastily in response to external lobbying and media deadlines. For business owners, this is a reminder that rushing disciplinary decisions under pressure can create costly legal exposure.

Policy reviews are essential

In the wake of the ruling, the ABC has introduced stricter public comment guidelines. This highlights the importance for all employers to regularly review and update workplace policies, particularly around social media and public expression. They also need to ensure they enforce these policies consistently.

The Lattouf decision is a reminder that disciplinary decisions must be lawful, fair, and procedurally sound, especially when it involves political expression or reputational issues.

Employers should seek advice before acting in these sensitive situations to ensure compliance and reduce risk.

If you have questions about managing employee conduct, reviewing employment contracts or workplace policies, and/or compliance with the Fair Work Act, our team can help. Please reach out if need professional advice.

This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.