A recent Federal Court decision in Lattouf v ABC has significantly reshaped the legal landscape when it comes to political expression in Australian workplaces. 

The case confirms that political expression is now a protected attribute under section 772(1)(f) of the Fair Work Act 2009, expanding existing protections for employees and introducing new compliance challenges for employers. 

Background to the case 

Antoinette Lattouf, a journalist and broadcaster, brought a claim against the ABC after her employment was terminated following the expression of political views on social media. 

The Federal Court found that her dismissal contravened the Fair Work Act because it was connected to her political opinion—specifically, not just for holding that opinion, but for expressing it publicly. 

This case is the first to confirm that political opinion includes the expression of that opinion, extending the reach of section 772(1)(f) in a way that many employers may not have anticipated. 

What employers need to know 

Expression of political opinion is protected 

The Court ruled that section 772(1)(f) covers not just having a political opinion but also communicating it. 

This means that if an employee is dismissed because they expressed a political view—whether verbally, in writing or on social media—the employer could be exposed to an unlawful termination claim. 

While employers still have the right to manage workplace conduct and performance, this decision limits their ability to rely on political expression as a valid reason for termination unless the conduct breaches clear policies or results in genuine operational disruption. 

Procedural fairness matters 

The ABC’s failure to follow its own internal procedures played a major role in the Court’s findings. 

The decision reinforces that even where an employee’s conduct may be disruptive or contentious, the employer must still apply procedural fairness. 

This includes: 

• issuing written directions
• giving the employee an opportunity to respond to any concerns
• following any requirements under applicable enterprise agreements or policies. 

Skipping these steps can render a dismissal unlawful—even if the underlying conduct might otherwise warrant disciplinary action. 

You can still act but you must be careful 

Employers can still take disciplinary action where employees breach workplace policies, refuse lawful and reasonable directions or create significant disruption. 

However, it is essential that the action is based on valid workplace concerns—not on the fact that the employee has expressed a political opinion. 

A key takeaway is to focus on the conduct and its impact on the workplace rather than the content of the political opinion itself. 

Well-documented HR processes are now more important than ever. 

There is a risk of misuse by activists 

While the ruling is designed to protect employees from unfair treatment, it may unintentionally encourage more political activism in the workplace.

Employees may attempt to use these protections to justify expressing controversial or disruptive views during work hours or through work-related channels. 

This puts the onus on employers to clearly define what constitutes acceptable conduct in the workplace and to apply any boundaries consistently and fairly. 

What should employers do now? 

The Lattouf ruling does not mean that employers are powerless to respond to workplace issues involving political expression but it does mean that greater care must be taken. 

Employers should take the following steps to ensure compliance and reduce legal risk. 

Review and update workplace policies 

Ensure that your social media, code of conduct and communications policies include clear expectations about political expression and respectful behaviour, particularly during work time or when representing the business. 

Strengthen procedural fairness 

Review your internal procedures for managing performance and misconduct. 

If dismissal becomes necessary, ensure that the employee is provided with clear reasons, a fair process and an opportunity to respond. 

Provide management training 

Equip leaders and HR staff with guidance on managing political discussions in the workplace. 

Emphasise the importance of separating personal views from performance-related concerns. 

Set clear internal boundaries 

Make it clear to employees that while political views are protected, disruptive behaviour or breaches of workplace policy are not. 

Reinforce that all employees are expected to uphold respectful, professional conduct. 

Final thoughts 

The Lattouf v ABC decision has broadened the scope of protections available to employees under the Fair Work Act and places new responsibilities on employers managing political expression in the workplace. 

While the ruling does not remove your ability to maintain order and discipline, it underscores the need for sound processes, fair treatment and clear policy frameworks. 

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