Federal Court Finds ABC Breached Fair Work Act Over Political Opinion Dismissal

The Federal Court has ruled that the ABC unlawfully terminated a casual employee in breach of section 772 of the Fair Work Act 2009, after she was taken off-air for sharing a Human Rights Watch report critical of Israel’s actions in Gaza.

The Court found that political opinion was a “substantial and operative” reason for the termination. The employee was removed from the radio program mid-engagement, given no opportunity to respond, and told to leave the premises. The ABC was ordered to pay $70,000 in compensation for non-economic loss, with potential penalties still to be determined.

This case proceeded under the unlawful termination provisions, which exist to protect employees not covered by the national workplace relations system—typically those working for state government bodies, local councils in Western Australia, or statutory authorities like the ABC, providing a safety net against discriminatory dismissals based on attributes like race, religion, or political opinion.

The Court also found the ABC breached its own enterprise agreement by failing to follow mandatory disciplinary procedures. No allegation of serious misconduct was properly made, and the employee was not told what rule or policy she had supposedly breached. This judgment confirms that protections for political opinion do not only apply to permanent or ongoing workers and employers cannot use public pressure or perceived reputational risk as an excuse to bypass legal obligations. When an employee’s political views are a factor in their dismissal, that’s not just unfair—it may be unlawful.