Despite several senior ABC figures claiming a casual radio host breached impartiality guidelines in personal posts about the war in Gaza, a judge has heard no such rule existed at the broadcaster.
Antoinette Lattouf was recruited to host the Mornings show on ABC Radio Sydney for five days from Monday to Friday in December 2023
However, the 41-year-old was let go following three days on air after sharing an Instagram post by Human Rights Watch saying Israel used starvation as a "weapon of war" in Gaza.
As an unlawful dismissal case continued in the Federal Court on Wednesday, Lattouf's barrister Oshie Fagir argued the ABC's claims her Human Rights Watch post breached impartiality guidelines had no foundation in any policy, procedure or legislation.
"What we propose to submit is that the rule as it has been articulated is utterly incoherent," he told Justice Darryl Rangiah.
It was "plain as day" there was no such obligation because ABC broadcasters often made public statements without being taken off air or being subject to other sanctions, Mr Fagir argued.
The submission came as he cross-examined ABC audio director Ben Latimer, who said Lattouf expressed a partisan view that was sympathetic to Palestinians in the Gaza conflict when she shared the post.
Former ABC chair Ita Buttrose, outgoing managing director David Anderson and then-content chief Chris Oliver-Taylor all previously raised concerns in court about Lattouf appearing impartial because of her prior statements about the conflict.
Mr Latimer said he had been given a direction by Mr Oliver-Taylor, his superior, to order Lattouf not to post anything on social media about the war.
Under a lengthy grilling, he remained steadfast this direction had been passed on to the casual radio host through former head of capital city networks Steve Ahern.
He denied that emails and meeting notes saying Lattouf had received "advice" or "suggestions" not to post on certain topics or to keep a low profile online were inconsistent with his view that a direction had been given.
"Were you confident because you felt (the order) had been carried out?“ asked Justice Rangiah.
"With my dealings with Mr Ahern, I believed he listened to my words and my words were very clear,” Mr Latimer replied.
Lattouf's direct supervisor Elizabeth Green earlier took the stand, saying she learned from Mr Ahern during a meeting on December 20 that the casual host would not be required for her final two shifts because of the Human Rights Watch post.
"You also expressed the view that you did not see anything wrong with Ms Lattouf's post?” asked the journalist's barrister Philip Boncardo.
"I did say that,” Ms Green replied.
After Lattouf was let go, Ms Green said she had a private conversation with the crying journalist in an ABC boardroom.
She told Lattouf she tried hard to stop her being dismissed but believed the call had been made from "higher up".
“I said there was pressure for her to be removed from the Monday," Ms Green told the court.
Ms Green said she heard from Mr Ahern that the decision had been made from Mr Anderson's office.
One of the key issues in the case is who made the decision to dismiss Lattouf, with fingers pointed at both the managing director and Mr Oliver-Taylor.
Lattouf claims she was fired because of her political opinion and race after the ABC bowed to pressure from pro-Israeli lobbyists co-ordinating a campaign of complaints.
In its defence, the ABC says that Lattouf was taken off air because she breached the direction not to post anything in the Israel-Gaza conflict during her five-day employment.
The hearing continues.
