Jackie ‘O’ Henderson’s shock exit from ARN Media has been labelled ‘peculiar’ by an employment lawyer, amid growing questions over whether the radio star may have been unlawfully terminated.
Speaking to ABC amid the dramatic fallout surrounding The Kyle and Jackie O Show, Sydney employment lawyer Fay Calderone pointed to a key detail that could prove problematic for the network.
Henderson, 50, is understood to have raised concerns about her workplace following her explosive on-air clash with co-host Kyle Sandilands in February – a move that legally constitutes asserting a workplace right.
But in a surprising twist, ARN Media later announced her $100million contract had been terminated, claiming she had given notice that she could no longer work with Sandilands – something Henderson has firmly denied.
According to Calderone, that sequence of events raises eyebrows.
‘[The] principle is you cannot lawfully take action or adverse action against a contractor because they have asserted a workplace right,’ she explained.
Jackie ‘O’ Henderson’s shock exit from ARN Media has been labelled ‘peculiar’ by an employment lawyer, amid growing questions over whether the radio star may have been unlawfully terminated
‘I think that’s peculiar.’
In other words, if Henderson’s contract was ended because she spoke up about her working conditions, the network could face serious legal consequences.
Under Australia’s Fair Work laws, workers – including contractors in certain circumstances – are protected from being penalised for making complaints about health and safety in the workplace.
Calderone noted that Henderson’s situation stands out because it appears she may have raised an issue, only to then lose her role entirely.
If proven, such a move could open the door to a legal claim against ARN, with the potential for damages.
The lawyer also pointed to reports that Henderson may have been offered an alternative role – something the presenter has denied – suggesting it could have been an attempt by the company to limit its legal exposure.
Calderone meanwhile questioned why ARN decided to terminate Sandilands’ contract now, given that he has acted similarly in the past.
‘It is interesting that it is being pulled up at a time where perhaps it’s not so lucrative for the network,’ she said.
If Henderson’s contract was ended because she spoke up about her working conditions, the network could face serious legal consequences
While Henderson has not taken legal action against ARN yet, Sandilands has already filed a multimillion-dollar lawsuit against his former employers in the Federal Court
‘So, you know, cynically, I’d say it was opportunistic.”
While Henderson has not taken legal action against ARN yet, Sandilands has already filed a multimillion-dollar lawsuit against his former employers in the Federal Court.
Backed by a prominent legal team, 54-year-old Sandilands claims that ARN deliberately conspired to sabotage his $100 million, 10-year contract in a calculated attempt to exit the costly agreement after just over 14 months.
Partner at Axe Legal, Stefan Stojkovic, told ABC that legal action could take ‘two to three years’ if there are no appeals.
‘I wouldn’t be surprised if they settle it out of court as well, if there’s a sensible settlement available to the parties,’ Stojkovic said.
Sandilands’ legal team is led by the ‘ferocious’ Kevin Lynch, a partner at Johnson Winter Slattery, according to The Australian.
Over the past two weeks, Lynch has carefully examined every detail of the host’s agreement and strategised a comprehensive attack on ARN.
He filed the necessary papers on Friday.
Partner at Axe Legal, Stefan Stojkovic, told ABC that legal action could take ‘two to three years’ if there are no appeals
Sandilands is seeking his contract to be honoured in full.
On Monday morning, ARN issued a statement in an ASX market update, asserting that the network disputes Sandilands’ claims and plans to defend the proceedings.
‘The applicants claim the termination of Mr Sandilands’ contract was invalid on the basis they allege that there was no act of serious misconduct or breach of contract, and that the termination was unconscionable under the Australian Consumer Law,’ their statement read.
‘The applicants seek an order for specific performance of two contracts, payment of whatever amounts are due and payable under the contracts at the time of judgment, and damages.’
Meanwhile, ARN’s newly appointed CEO, Michael Stephenson, is working hard to prevent the legal dispute from escalating by trying to persuade Sandilands’ former co-host, Henderson, to return to KIIS FM with a solo show.
However, ARN is hoping to bring back Henderson at a much lower rate with a new program, after the network also terminated her $100million, decade-long deal last month.
The Australian reports that Henderson is not enthusiastic about that offer, while sources close to the former co-hosts indicate that she intends to watch how Sandilands’ legal offensive unfolds.
