The ABC’s earlier legal argument that Antoinette Lattouf had to prove the existence of a Lebanese race should “never have been made”, the broadcaster has conceded at a parliamentary committee which heard the case cost $1.1m in external lawyers.
The ABC’s defence of Lattouf’s unlawful termination case originally argued she must prove the existence of a Lebanese, Arab or Middle Eastern race, a tactic which angered ABC staff and Australian Middle Eastern and multicultural groups.
After the Fair Work Commission found Lattouf had been sacked last year, she took her case to the federal court alleging she was removed from air due to her political opinions and/or race three days into a five-day casual contract.
The ABC apologised and withdrew the contentious race argument earlier this month.
On Tuesday the broadcaster’s chief people officer, Deena Amorelli, told senators that once the court proceedings were finalised the ABC would apologise again to the community and staff for the hurt its legal tactic caused.
“We regret that argument was made,” Amorelli said. “It should never have been made, and we will apologise.”
The concession came after questioning by Greens senator Mehreen Faruqi, who asked if the ABC had apologised for the “hurt and harm” caused to staff who are people of colour or First Nations Australians.
A Lebanese-Australian, Lattouf, 41, is a freelance journalist and a co-founder of Media Diversity Australia.
The committee heard the ABC had already spent $1.1m on external lawyers, a figure which does not include the cost of its in-house legal team.
The case returns for closing submissions on Thursday amid allegations outside court by former chair Ita Buttrose of “inconsistencies” in outgoing managing director David Anderson’s affidavit.
Under questioning from Liberal senator Sarah Henderson, acting managing director Melanie Kleyn said the ABC had tried on multiple occasions to settle the matter on a commercial basis “without admission of liability”.
“The ABC maintains that it did not terminate Ms Lattouf’s one-week contract unlawfully but we do obviously understand that this is an impost on public funds, and that is why we have tried to attempt to settle this matter,” she said.
“I can provide the amount spent to date is $1.1 million.”
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Editorial director Gavin Fang told senators that ABC journalists may use the term “genocide” in relation to Israel’s military offensive in Gaza but they must also reference Israel’s denial that they are committing genocide.
Faruqi asked if the ABC had changed its editorial guidance in relation to the use of the word “genocide”.
“In my opinion, ABC Israel-Palestine coverage is heavily weighted towards covering up Israel’s culpability in genocide,” Faruqi said.
Fang said ABC journalists did use the word genocide in their reporting.
“I don’t believe we’ve actually changed our guidance on genocide, nor have we ever said that the term genocide could not be used.
“What we’ve put in our guidance to staff is that it’s a highly contentious matter and that, by and large, on most occasions that you would, if you are reporting on allegations of genocide, you need to provide the other perspective on that.”
