Source : PERTHNOW NEWS
Radio star Jackie O Henderson and her best friend and manager Gemma O’Neill have tuned in online as Henderson’s multi-million dollar legal battle with ARN returns to the Federal Court today.
The case is listed for a two-day hearing before Justice Ian Jackman in Sydney as the fallout from the spectacular collapse of Australia’s most famous breakfast radio partnership continues.
Henderson is pursuing legal action against ARN over the termination of her lucrative broadcasting contract, alleging the company unlawfully sacked her after she raised serious complaints about workplace bullying and her treatment by long-time co-host Kyle Sandilands.
The proceedings follow the collapse of The Kyle and Jackie O Show, which had dominated Australian breakfast radio for more than two decades and was the subject of long-term contracts worth tens of millions of dollars.
Henderson and her company, Henderson Media, are suing Commonwealth Broadcasting Corporation, an ARN subsidiary, and ARN Media in the Federal Court.
The dispute centres on whether ARN was legally entitled to terminate Henderson’s broadcasting agreement on March 3 after she informed management she could no longer work alongside Sandilands following an explosive on-air confrontation.
Henderson alleges the termination amounted to unlawful adverse action under the Fair Work Act, as well as a breach of contract. Her proceedings also include claims concerning a share agreement and alleged misleading or deceptive conduct.
ARN denies wrongdoing and maintains it was entitled to terminate the contract because Henderson had indicated she would no longer fulfil her obligations under the agreement.
The company’s lawyers have told the court Henderson and her company are seeking more than $80 million in the proceedings.
The dispute erupted after a confrontation during the breakfast program on February 20, when Sandilands criticised Henderson’s interest in astrology and questioned her ability to perform her job.
Sandilands accused Henderson on-air of having a fixation with astrology that made her “almost unworkable”.
He also described her as being “off with the fairies” and suggested she was not paying attention to the program.
When Henderson told Sandilands she was offended by his comments, he responded: “Well, too bad if you are”.
Henderson subsequently stopped presenting the program and, through her lawyers, raised complaints about her treatment and ARN’s obligations to provide a safe workplace.
Her complaint alleged she had endured persistent bullying by Sandilands, extending beyond the February broadcast, and that ARN had failed to adequately address the problem.
In correspondence quoted in ARN’s defence, Henderson’s lawyers told ARN “our client cannot continue to work with Mr Sandilands”.
However, Henderson indicated she was willing to continue working for the network if arrangements could be made for her to present a different program in another timeslot.
Henderson maintains she was exercising her workplace rights by raising legitimate safety concerns and seeking alternative arrangements that would allow her to continue working without being exposed to the conduct she complained about.
She alleges ARN unlawfully terminated her agreement because she exercised, or proposed to exercise, those rights.
The network denies the allegations.
In its amended defence, filed on September 1, ARN argues Henderson’s complaint amounted to a refusal to perform the broadcasting services she was contractually obliged to provide.
The company says its decision-makers believed Henderson and her company had indicated they would no longer deliver the services for which they had been engaged.
It also argues the network should not have been required to continue paying Henderson the same remuneration if she was no longer presenting alongside Sandilands or working in the breakfast timeslot.
Under the agreement struck in 2023, Henderson Media was entitled to substantial annual fees, including approximately $9.4 million a year plus revenue sharing, according to ARN’s court submissions.
The contract was part of a landmark long-term deal designed to keep the broadcasting duo on air until the end of 2035.
ARN contends Henderson’s refusal to continue presenting the contracted program amounted to a repudiation of the agreement, entitling it to terminate the arrangement immediately.
Henderson disputes that interpretation and maintains ARN’s termination was unlawful.
The parties also disagree about the financial consequences of the contract’s collapse.
ARN has argued Henderson failed to take reasonable steps to reduce her alleged losses, including by rejecting or failing to negotiate further over a proposal involving $2 million in annual base remuneration plus revenue sharing.
The company also contends she could have sought presenting work with another broadcaster.
Henderson denies that she acted unreasonably in rejecting the proposal.
Her lawyers have also challenged ARN’s attempts to rely on additional contractual termination grounds that were not identified in the original termination letter.
The dispute has generated extensive court filings, including competing allegations about Henderson’s intentions, communications between her representatives and ARN executives, and the circumstances surrounding the network’s decision to end her contract.
Among the evidence referred to in the proceedings is an affidavit from Henderson’s best friend and manager, Gemma O’Neill, concerning discussions about Henderson’s future at the network.
ARN has relied on that evidence to argue Henderson had already decided she would no longer present the breakfast program alongside Sandilands.
Henderson disputes the legal conclusions ARN seeks to draw from those discussions.
The proceedings are continuing despite ARN reaching a separate settlement with Sandilands over the termination of his own broadcasting contract.
Sandilands launched Federal Court action after ARN terminated his agreement in March, arguing the company had no lawful basis to end the deal.
ARN defended his proceedings, alleging serious misconduct and contractual breaches arising from his treatment of Henderson.
The network also brought a cross-claim seeking damages for alleged financial losses, including lost advertising revenue.
Sandilands’ case was ultimately discontinued after he reached an out-of-court settlement with ARN in June, securing a $12.09 million cash payout and a further $1.5 million in advertising support for his new media venture.
The settlement brought his litigation to an end without a final judicial determination of the competing allegations.
Henderson’s proceedings, however, remain ongoing.
The trial, originally scheduled to begin on October 12, is now listed for nine hearing days from April 27 before Justice Wendy Abraham.
