UK Appeal Tribunal Finds For ABC News In Employment Case
August 21, 2006— -- A UK appeal tribunal has reversed an earlier decision and found in favor of ABC News in a case brought by former freelance reporter Richard Gizbert. The appellate tribunal found that Gizbert was under no obligation to go to war zones and that ABC News takes safety of employees "seriously."
The ruling in London today rejects Gizbert's claim that he was dismissed because of a refusal to go to a war zone. It is the long-standing policy of ABC News that all assignments to war zones and other dangerous places are completely voluntary.
The appellate tribunal concluded: "[Richard Gizbert] was under no obligation, contractual or otherwise, to visit war zones. [ABC News] operated a voluntary war zones policy. His place of work was London. He chose not to visit war zones. He was thus in no danger, let alone imminent danger, nor could he, in the circumstances, reasonably believe otherwise."
The appellate tribunal also found that ABC News goes to great lengths to ensure the health and safety of its employees, stating: "...[ABC News] takes safety seriously. It takes advice from consultants on Health and Safety generally and security in dangerous areas. The Respondent provides security staff and appropriate equipment, including body amour and armored vehicles..."
"At ABC News, we have always adhered to the inviolable principle that coverage of news stories involving personal risk is strictly voluntary," said David Westin, President of ABC News. "We've made it abundantly clear that there will be no consequences for those who decline to enter war zones in pursuit of the news, and we're very pleased that today's court decision confirms our long standing policy and soundly rejects any claim to the contrary."
The decision means that Mr. Gizbert will not receive the 98,000 GBP that he was awarded in July 2006 on the claim that was dismissed today. That amount represented a very small fraction of the damages Mr. Gizbert sought in this action. Mr. Gizbert claimed that he was entitled to compensation through his retirement, even though he is currently employed by Al Jazeera.
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