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Kyle Sandilands is preparing to sue his employer, ARN, if the company sacks the controversial broadcaster, according to multiple sources inside the company.
Speaking on the condition of anonymity, because they are not authorised to comment publicly, the sources said Sandilands “will not take this lying down”, and that his lawyers have advised him he has a strong case against ARN, which owns the national KIIS FM network.
Sandilands is currently serving a 14-day suspension imposed by ARN after an on-air fight with Jackie “O” Henderson resulted in her informing the company she could no longer work with her co-host of 27 years.
One person familiar with the situation said that while Sandilands was deemed to have breached his agreement with the company, “the issue is not the words that were said”. (On February 20, during a segment about astrology, Sandilands questioned his co-host’s work ethic and accused her of being “off with the fairies”.) “The issue is actually the consequence of those words – because Jackie can’t work with him, they can’t deliver the Kyle & Jackie O show, which means their contracts can’t be executed.”
But one ARN insider believes Sandilands is on solid legal ground.
“Kyle will definitely sue,” the employee said. “The agreement with ARN acknowledges the type of performer Kyle is: that he’s robust and a maverick-type character, and that’s something ARN has traded on for many years and gotten a lot of success out of.”
“Kyle’s lawyers are also relying on the agreement he has with ARN that makes numerous mentions of his broadcasting style – and it also makes it very clear that anything that goes to air is ARN’s responsibility because they’ve got two full-time censors [operating on] a 30-second delay, so they’re OK-ing every piece of content that goes to air.”
Media and entertainment law expert Shaun Miller, principal of Shaun Miller Lawyers, agreed that Sandilands may have a case against ARN.
“He could argue that there’s a precedent that such behaviour isn’t a hanging offence,” Miller said. “The precedent has been set; the radio station actually encourages him to be controversial because it’s part of his brand value.”
Another lawyer with radio expertise, who asked not to be named because of their association with the industry, said: “The fact that Kyle has said worse things in the past could actually be a defence; if a pattern of behaviour is both tolerated and rewarded, it can be difficult to argue against it.”
Media and entertainment specialist Marco Angele, a principal at Marshalls+Dent+Wilmoth Lawyers, noted that while ARN had given Sandilands 14 days to remedy his breach, “it may not actually be a breach capable of being remedied … it will depend on what they’re requesting to be fixed and if it can’t be remedied, [ARN] may be well within their rights to terminate.”
In response, one ARN worker said: “This is part of what Kyle’s lawyers have an issue with. They’ve suspended him, so he can’t address anything on air. They’ve told him not to contact Jackie or anyone at ARN, or to make any statements to the press. [Effectively] his lawyers are arguing, ‘Well, you actually haven’t given him an opportunity to remedy this situation at all.’ ”
But Miller cautioned that Sandilands’ contract, which he has not seen, may contain clauses that prove difficult for the presenter to dispute.
“Just because the network had cause to suspend him previously and didn’t, it doesn’t mean they don’t have cause to suspend him now,” Miller said. “The network might be saying, ‘Well, we’re exercising our right to suspend him on this occasion’.”
ARN’s insiders maintain that the company genuinely wants Henderson to return to the KIIS network, and they believe it is more likely she will negotiate a new contract – or simply walk away – rather than sue.
Miller said that a confidential settlement may be preferable to a public court battle, pointing to a quote from Abraham Lincoln: “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time.”
ARN chief executive Michael Stephenson, chair Hamish McLennan, Sandilands, Henderson and her manager, Gemma O’Neill, have all been contacted for comment.
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