ABC Faces Unfair Dismissal Claim From Long-Serving Radio Presenter

The Australian Broadcasting Corporation (ABC) is facing an unfair dismissal case brought by a long-serving NewsRadio presenter, Christopher Mitchell, who claims he was dumped after more than six years on air. Mitchell has secured an early win in the Fair Work Commission, as the broadcaster's attempt to have his claim dismissed was rejected.

Mitchell, a familiar voice on NewsRadio since 2019, stated that upon returning from a family trip to Britain earlier this year, he discovered his ABC email account had been deactivated, his network access cut off, and he was no longer receiving newsroom rosters. He alleges that management informed him on February 5 that he would not be assigned any further shifts.

The ABC contended that Mitchell had not completed the minimum employment period required to file an unfair dismissal claim and that he had not actually been dismissed, as he continued to perform casual work elsewhere within the organization.

However, Commissioner Peter Crawford found that Mitchell had completed over six years of "regular and systematic" casual employment and had a reasonable expectation of continued work. Crawford also ruled that the ABC terminated Mitchell's employment on February 5, deciding not to renew his NewsRadio contract, revoking his access credentials, and ceasing to allocate him shifts.

Evidence presented showed that Mitchell worked 154 shifts in the year preceding his removal and earned over $80,000 annually from the ABC for five consecutive financial years. The commissioner found the ABC's assertion that Mitchell's move from NewsRadio to ABC Sport represented "business-as-usual" to be "somewhat disingenuous." Mitchell was required to sign a new contract, received less pay, and performed work that was described as more limited and less frequent.

"The ABC's suggestion that this is essentially just 'business-as-usual' ... cannot be accepted," Crawford wrote. The unfair dismissal claim is now set to proceed to conciliation. An ABC spokesperson stated that it would be inappropriate to comment on the matter as it is currently before the commission.