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Friday, Dec. 16, 2005 11:47 a.m. EST

War-Dodging Reporter Wins Court Case

A British employment tribunal ruled Friday that ABC News unfairly dismissed a reporter last year because he refused to work in Iraq.

The tribunal upheld a complaint by Richard Gizbert, who claimed ABC ended his freelance contract last year because he would not cover the war in Iraq, where foreigners, including journalists, have been targeted for kidnapping and murder.

The American network said all assignments to war zones and other dangerous areas are voluntary and argued it didn't renew Gizbert's contract for budgetary reasons. It said it would appeal the ruling.

Gizbert, a 48-year-old Canadian who works in London, is seeking $4 million in compensation. The tribunal plans to rule on that issue early next year.

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  The court rejected ABC's contention that its decision not to renew Gizbert's contract was not linked to his refusal to cover wars, but because he was inessential and its news division was making severe cutbacks.

"The principal reason for dismissing (Gizbert), in circumstances where (ABC News) was cutting back its budget, was his refusal to go to war zones," the tribunal's written ruling said.

It said testimony by ABC News executives was at times inconsistent and "not entirely reliable."

Gizbert praised the ruling as vindication.

"It amounts to an indictment for one particular company, ABC News/Disney, and it's a warning to other news organizations that your voluntary war zone policy has to mean what it says," he said.

ABC News spokesman Jeffrey Schneider said the network would "vigorously appeal."

"This is a matter of principle for us," he said. "Mr. Gizbert was not dismissed because he wouldn't go to a war zone. It has always been our long-standing policy that these assignments are voluntary and that is understood by all the people who we work with."

Gizbert, who began working in ABC's London bureau in 1993, had been a war correspondent for years, covering conflicts in Bosnia, Chechnya and Somalia for ABC. He said he became reluctant to continue such reporting in the late 1990s as his children grew up.

He said he gave up at least $150,000 a year in salary and benefits to work as a freelancer for ABC so he wouldn't have to cover wars.

ABC News decided last year not to renew his freelance contract, a decision the tribunal said amounted to dismissal.

© 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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