Dec. 16 (Bloomberg) -- A former London-based correspondent for Walt Disney Co.'s ABC News won a legal claim that he was fired for refusing to cover war zones, one of the first rulings in Britain arising from workplace-safety regulations.
Richard Gizbert, 47, sued ABC for unfair dismissal for firing him in 2004 after he rejected assignments in Iraq and Afghanistan, contrary to a policy that all war coverage was voluntary. An employment tribunal in London unanimously backed his case.
``What made the difference in the ultimate decision in respect of correspondents, and particularly the claimant, was whether or not they were prepared to go to war zones,'' the tribunal said in a ruling sent to the parties yesterday. ``The claimant was not prepared to do so and was therefore dismissed and replaced by someone who was clearly prepared to go.''
Gizbert's 2.3 million-pound ($4.1 million) claim invoked U.K. rules that prohibit firing someone for raising concerns about employee safety. Sixty journalists have been killed in Iraq since 2003, according to data from the New York-based Committee to Protect Journalists.
A Canadian who covered conflicts in Chechnya and Bosnia in the past, Gizbert told the tribunal that he decided to stop going to war zones in the late 1990s, when he could no longer justify the risks to himself or his young family. He said he specifically renegotiated his contract with the New York-based network to exclude war coverage.
Damages in the case will be determined at a second hearing sometime next year, Gizbert said.
`Held to Account'
``It is vital companies like ABC/Disney, which claim war zones are voluntary, are held to account when they renege on their promises,'' Gizbert said in a statement today. ``Many news organizations are having difficulty finding reporters to cover this war, especially since westerners have become targets of bombings and abductions.''
ABC denied wrongdoing and claimed the ex-correspondent was an ``average'' reporter who was terminated as a result of steep budget cuts at the network. Gizbert testified that a senior ABC executive told him the network needed reporters who were ``kicking the doors down'' to go to areas of conflict after the Sept. 11 terrorist attacks on New York and Washington.
``I was particularly concerned about safety in war zones post 9/11, especially in Iraq as there is widespread use of roadside bombs together with suicide bombings and abduction of Westerners for propaganda purposes,'' Gizbert said during a week-long hearing in September at the tribunal, in Holborn, central London .
ABC argued during the case that it couldn't afford Gizbert's $1,000 daily rate and that journalists who did travel to war zones were also dismissed to meet cost-cutting targets.
``ABC will vigorously appeal this decision,'' spokesman Jeffrey Schneider said in an interview. ``There's nothing we take more seriously than the safety of our correspondents. War coverage at ABC was and always will be voluntary.''
Employment tribunals are judicial bodies in Britain used to resolve disputes between employers and employees.
To contact the reporter on this story:
Megan Murphy in London at mmurphy41@bloomberg.net.
