One of Australia’s biggest radio powerhouses has fired back in a high-stakes legal battle with its former star breakfast duo, Kyle Sandilands and Jackie ‘O’ Henderson, making a bombshell legal claim that it had no ability to intervene to stop alleged on-air bullying against Henderson. Court documents filed by ARN Media’s subsidiary Commonwealth Broadcasting Corporation (CBC) have pulled back the curtain on the network’s formal defence, launched after both popular hosts launched multi-million-dollar lawsuits following their abrupt firing earlier this year.
The sacking came in the wake of a fiery on-air blow-up between the long-time co-hosts, where Sandilands publicly lashed out at Henderson, calling her “off with the fairies”, “unfocused” and accusing her of not caring about their top-rating KIIS FM breakfast program. The explosive argument, which grew out of Sandilands’ criticism of Henderson’s well-known public interest in astrology, marked the breaking point for a working relationship that had been strained by allegations of ongoing mistreatment.
Following their termination, both Sandilands and Henderson have taken legal action against the network, with vastly different claims. Henderson, through her production company Henderson Media, alleges her dismissal amounted to unlawful adverse action after she informed the network she could no longer continue working alongside Sandilands. She is seeking a staggering $82 million in compensation for the early termination of her 10-year contract, which paid Henderson Media $9.4 million annually to deliver her on-air services.
For his part, Sandilands is pushing for immediate reinstatement to his old role. He argues that his blunt, abrasive comments to Henderson were simply in line with the on-air persona CBC actively cultivated for the show, and that his firing is unlawful because no serious misconduct or breach of contract actually occurred.
In its formal defence lodged with the Federal Court, ARN has pushed back hard against both claims, taking a particularly controversial stance on Henderson’s bullying allegations. The network confirms it holds service contracts with the hosts’ own separate production companies – Henderson Media for Henderson, and Quasar for Sandilands – not with the personalities directly. ARN argues that under the terms of these commercial agreements, the production companies hold exclusive responsibility for controlling how program services are delivered, and for ensuring the health and safety of their talent while they are on air.
“As a consequence, once any broadcast began, CBC had no ability or power to contemporaneously prevent Mr Sandilands from engaging in bullying or other unwanted conduct towards Ms Henderson,” the defence documents state. The network further emphasized that the $9.4 million annual deal with Henderson Media explicitly places the obligation to protect Henderson’s wellbeing on her own company.
Henderson’s legal team has painted a far different picture of events. In a formal complaint letter sent to ARN and CBC just days after the February 20 incident, which was included in the network’s defence filing, lawyers allege that Henderson endured persistent, relentless bullying at Sandilands’ hands for a long time before the public blow-up. The letter claims that ARN had repeated opportunities to address the behaviour, but failed to take meaningful action, both legally and ethically.
“The simple fact is that our client has been attacked and bullied on live prime time radio,” the complaint reads. “The consistent and ongoing bullying has left Ms Henderson psychologically unwell and has defamed and humiliated her in a public forum.” At the time the letter was sent, Henderson’s legal team noted she was actively considering additional defamation proceedings against the network and Sandilands.
Both legal matters connected to the former KIIS FM stars are scheduled for a directions hearing in the Federal Court this Friday, marking the first public step in what is expected to be one of the highest-profile media legal battles in recent Australian history.