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Antoinette Lattouf was sacked by the ABC in December,the Fair Work Commission ruled on Monday.Credit:Dion Georgopoulos

The ABC’s objection was an obstacle for Lattouf and her wider case arguing that she was sacked for expressing political opinion,and that her racial background was also a factor. The Fair Work decision did not consider the reasons she was sacked.

Boyce ruled Lattouf was dismissed by ABC managers following a snap meeting on December 20,three days into her five-day contract filling in as ABC Radio Sydney Mornings presenter.

“In this case,I find that the employment relationship between the applicant and the ABC was terminated at the ABC’s initiative,” the ruling on Monday morning said.

It is the first major decision in what has become a bitter and drawn-out feud between Lattouf and the public broadcaster over the past six months. Her contract was terminated after she shared a Human Rights Watch post on Instagram with the caption “HRW reporting starvation as a tool of war” while employed by the ABC. Lattouf claimed in her submission that the ABC said the post breached its social media policies.

She also claimed in her Fair Work application she was told by one of her managers,ABC Sydney content director Elizabeth Green,that Jewish lobbyists were “unhappy” she was on air because she had previously publicly criticised Israel.

In January, this masthead reported the contents of a pro-Israel WhatsApp group that showed organised efforts to target the ABC with complaints about Lattouf and her views on the conflict in Gaza.

Lattouf on Monday said she was pleased the commission had dismissed the ABC’s claim but that the claim itself was a “waste of taxpayers’ money” which had caused unnecessary delays in her pursuit of truth and justice.

“I remain bitterly disappointed that I was fired for posting a fact the ABC itself was also reporting,namely a report of Human Rights Watch about starvation used as a tool of war,” she said.

Supporters of Antoinette Lattouf at the Fair Work commission in March,during her hearing against the ABC.Credit:Kate Geraghty

She added that she remained committed to achieving a just outcome for the matter but declined to comment on how she and her team would approach the June 25 mediation date with ABC.

Lattouf and her legal team will now consider whether to proceed with the unfair dismissal action in the Fair Work Commission over the reasons she was sacked or focus on a separate Federal Court case.

Following the ruling,the ABC said it would continue to defend the claims in the Federal Court. It also rejected the claim that any of its actions were influenced by Lattouf’s political opinion or race.

“In response to the claim before the commission,the ABC maintains that it acted on the basis of a belief that Ms Lattouf had not complied with a direction in relation to her use of social media. Those matters were not the subject of today’s decision,” the statement published on Monday evening said.

Antoinette Lattouf has had a key win in her legal fight against the ABC.Credit:Kate Geraghty

In the 51-page ruling,Boyce said any intention to pay Lattouf for the remainder of the contract “was never raised” before the December 20 meeting,where the decision to sack her was made.

“I find that the weight of the ABC’s own evidence points toward there being no firm position or even an understanding,leading up to,or immediately after,the 20 December meeting,that the applicant was to be paid for the remainder of her shift hours after she was told to leave the ABC’s premises,” the ruling said.

“Rather,the applicant was simply told at the 20 December meeting that she was being taken off-air[and relieved from performing any further work whatsoever for the remainder of the December engagement] because of conduct that was considered to be[a] breach of ABC instruction and/or policy.”

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