Lawyer weighs in as Jackie O files $82 million lawsuit against ARN: 'There would appear to be a case to the answers'

A lawyer who has expertise across workplace and education law has weighed in on Jackie 'O' Henderson's next move after she filed an $82.25 million lawsuit against ARN. 

Nick Duggal, from Moray & Agnew lawyers, explained to nine.com.au that Henderson, 51, is ''making three claims'' in her legal fight against the radio.

He also speculated that now her former co-host Kyle Sandilands, 54, has started his own and separate court case against ARN, "there's scope for Jackie O and Kyle to have a consistent version of events between them''.

When asked if he thought Henderson has a 'solid case' against her former employer, Duggal said: "When it comes to the termination, based on what's reported... there would appear to be a case to the answers. I'll put it that way."

A note to shareholders shared via the ASX on Tuesday confirmed Jackie O had commenced legal proceedings against her former employer, alleging her termination from her KIIS FM radio show with Kyle Sandilands was against the Fair Work Act.

"According to what is reported of the announcement, Jackie O has initiated proceedings against ARN, making three claims," Duggal explained.

"One, that her contract was repudiated and terminated in breach of its terms.

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"She has also, according to the announcement, brought a claim for breach of Section 340 of the Fair Work Act; for being treated adversely on account of their exercise of workplace rights."

In Henderson's case, sending a complaint letter alleging bullying from Sandilands is an example of a workplace right. The adverse action, she may argue, is the termination of her contract thereafter.

But Duggal added: "How she's making that claim will be interesting to see the detail of, because I understand she was a contractor, and not an employee."

If that is the case, it changes which laws protect her and how she can sue.

"Finally, she's brought a claim for misleading and deceptive conduct under consumer laws," Duggal continued.

Henderson is likely arguing that ARN's public statements (like their March 3 ASX announcement about her terminated contract) gave a false impression of why she was leaving.

Henderson seemingly contradicted ARN's post in her own statement shared by her manager shortly after, which read: "Over the past few days, there has been a lot of speculation and misinformation about my departure from the show.

"I want to make one important point very clear: I did not quit or resign."

Duggal concluded by confirming that "According to the announcement, Jackie is seeking compensation for what appears to be the balance of her contract".

The proposed figure is the full $82.25 million she would have earned by 2034 in her $100 million, 10-year contract with ARN along with penalties, interest and costs.

Speaking about Sandilands having his own legal fight against ARN, Duggal said, "ARN are now fighting on two fronts".

"I think the other interesting thing of what that means is that, whilst they're two separate proceedings, there's scope for Jackie O and Kyle to have a consistent version of events between them.

"So she's saying – whatever she said about working with Kyle – she didn't quit or resign. [ARN] appear to have taken it as a termination. She's disputing that."

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ARN said in a statement that it disputed Henderson's claims.

"ARN Media Limited [ASX: A1N] announces that Ms Jacqueline Henderson and her related company have commenced legal proceedings against ARN," ARN's statement reads.

"In summary, the applicants claim that the termination of Ms Henderson's contract constituted adverse action. Ms Henderson sent a 'Complaint Letter' to CBC which noted that Ms Henderson "cannot continue to work with Mr Kyle Sandilands" and made psychosocial health and safety and bullying complaints in relation to the conduct of Mr Kyle Sandilands on and prior to 20 February 2026.

"It is alleged that the Complaint Letter involved the exercise or proposal to exercise workplace rights, and that the contract was terminated because of that exercise or proposed exercise, in alleged contravention of section 340 of the Fair Work Act 2009 (Cth). It is also alleged the termination of her contract amounted to a repudiation of that agreement.

"The applicants also claim that ARN's ASX Market announcement of 3 March 2026 included misleading and deceptive statements under the Australian Consumer Law. The applicants claim compensation of 'at least $82,250,000', and payment of a pecuniary penalty, plus interest and costs.

"ARN disputes the claims. It intends to defend the proceedings. Given the early stage of the matter, ARN is unable to reliably estimate the outcome or any potential financial impact."

Sandilands was in court on Friday in Sydney as proceedings began over the termination of his $100 million contract.

"I'm just happy that we can get in (to court) today and get the ball rolling," he told reporters outside of court.

Sandilands previously released a statement, announcing his termination from ARN. 

"ARN has just announced that they've terminated my contract. I don't accept it. My lawyers told them last week this would be invalid. And guess what? It is," he claimed.

"Let me tell you what actually happened here. Jackie and I had a blue on air. That's it. The kind of thing we've done a hundred times in 25 years. And ARN took the situation and decided to try and burn the place down.

"They sacked Jackie. They suspended me. They wouldn't even let me pick up the phone to call her or anyone else on the show.

"Then – and this is the bit that gets me – once they'd made it impossible for the show to go on, they turn around and say, 'You didn't fix it. You're fired!'

"They didn't want to fix this. They thought they saw a chance to get out of the contract they signed with me a year ago, and they ran with it."

He added in part that he's leaving things in the hands of his lawyers.

"I've got a contract until 2034. I've got rights under that contract. And ARN hasn't honoured the contract. So, it's over to my lawyers," he said.

Sandilands was stood down following an on-air clash with Henderson on February 20, after she read from Andrew Mountbatten-Windsor's astrology birth chart.

"Ms Jacqueline Henderson has given notice that she 'cannot continue to work with Mr Kyle Sandilands'," ARN said in a statement just weeks ago.

"Accordingly, ARN has terminated the services agreement with Henderson Media Pty Ltd, under which Ms Henderson presents the Kyle and Jackie O show.

"Ms Henderson will cease to present the Kyle and Jackie O show.

"ARN has also offered to Ms Henderson the possibility of an alternative show on the ARN network.

"ARN has also provided written notice to Mr Kyle Sandilands and Quasar Media Services Pty Ltd (Quasar Media) stating that it considers that Mr Sandilands' behaviour during the show on 20 February 2026 is an act of serious misconduct which is in breach of ARN's services agreement with Quasar Media, under which Mr Sandilands presents the Kyle and Jackie O show.

"Mr Sandilands has been given 14 days to remedy this breach. If it is not remedied, ARN will terminate the services agreement with Quasar Media, and in that event Mr Sandilands will cease to present the Kyle and Jackie O show.

"During the 14 day period, Mr Sandilands will not take part in the show. The KIIS breakfast show will be taken off-air effective immediately, with interim arrangements made for the show."

Henderson, 51, broke her silence in a statement claiming she "did not quit or resign" from The Kyle and Jackie O Show after the program was pulled from the KIIS FM airwaves by ARN.

"It has been truly heartbreaking to see how this has unfolded. At this stage, I am unable to say anything further, as I am addressing this through the appropriate legal channels," she said in part.

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