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Sacking employee for "ill-advised" social media post was unlawful

"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.

Accepting the employer thought its decision could mitigate the damage to its reputation, Justice Darryl Rangiah nonetheless found it was also motivated by several reasons that were interconnected with the employee's politically motivated social media activity.

On 18 December 2023, freelance journalist Antoinette Lattouf began a five-day casual engagement with the Australian Broadcasting Corporation, filling in on its 'Sydney Mornings' radio program.

On Lattouf's first day, the ABC's chief content officer became aware of complaints from pro-Israel lobbyists about Lattouf being on air, and another staff member subsequently advised her to keep a low profile on social media...

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