Freedom to speak and post? Expression of political opinion by employees after the Lattouf decision

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The Federal Court’s decision in Lattouf v Australian Broadcasting Corporation (No 2) is one of only a handful of cases which have explored the reach of the protection of an employee’s right to hold and express a political opinion under the Fair Work Act 2009 (Cth). In this ALLA webinar, one of Ms Lattouf’s barristers Philip Boncardo will explain the legal arguments which enabled his client to succeed in this case, and the implications of the decision for employees wishing to express political views which may conflict with the interests or preferences of their employer in future. Dr Jacqueline Meredith will also consider the implications of the Lattouf case, situating the decision in the context of broader questions relating to the dividing line between an employee’s “private” life and conduct entering into the “public” domain which employers increasingly seek to control. The webinar will be chaired by ALLA President, Anthony Forsyth.

PRESENTERS

Philip Boncardo is a barrister at Wardell Chambers in Sydney. He practices primarily in employment and industrial, administrative and criminal law. Philip studied Arts/Law at Sydney University and then worked as the tipstaff to Justice Paul Brereton. Before coming to the bar, Philip worked as a national legal officer for the CFMEU and, before that, as a solicitor in regional New South Wales. Philip has appeared in a number of significant employment and industrial law cases including TWU v Qantas, ABCC v Pattinson, Helensburgh Coal v Bartley, CFMMEU v ABCC (The Bay Street Appeal), MEU v BHP; re Goonyella Riverside Mine, Deliveroo v Franco and Gupta v Portier Pacific Pty Ltd.

Dr Jacqueline Meredith is a Lecturer in law at Swinburne Law School, Swinburne University of Technology. She researches across the areas of employment law and work health and safety law. Jacqueline completed her PhD in 2024 at Melbourne Law School’s Centre for Employment and Labour Relations Law. Her doctoral research examined the division between work and non-work across different areas of labour law and considered the theoretical and normative basis for properly distinguishing between work-related and private conduct.

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