Radio giant ARN plans to confront former co-hosts and in a courtroom showdown to justify terminating their respective $100million contracts.
The company plans to call Henderson as its key witness, alleging Sandilands subjected her to prolonged bullying and harassment on their KIIS FM breakfast show – accusations that emerged after he launched a multimillion-dollar lawsuit over the termination of his contract.
According to The Australian, Henderson has provided ARN with a list of occasions when Sandilands allegedly 'bullied, berated, and belittled her on and off air', including the February 20 incident in which his harsh on-air comments left Henderson in tears.
'Kyle's in for a great deal of pain if he pushes ahead … Jackie has already tipped a real bucket on him behind the scenes to management,' an ARN insider told the publication.
'Jackie's letter outlined numerous instances of unconscionable behaviour towards her (by Sandilands) besides what happened on that fateful day. Her complaints go well beyond those final on-air comments.'
Despite ARN also terminating Henderson's $100million, 10-year contract after she expressed her unwillingness to continue on the Kyle & Jackie O show, the network is now reportedly offering her a return to KIIS FM with a solo program.
Radio giant ARN plans to confront former co-hosts Kyle Sandilands (left) and Jackie 'O' Henderson (right) in a courtroom showdown to justify terminating their respective $100million contracts
'It's also worth noting that Jackie is not taking any legal action (against ARN) – and that's because she is being looked after,' the source added.
Sandilands appeared at the Federal Court on Friday for a directions hearing. He alleges that the termination of his contract with the company was invalid because there was no act of serious misconduct and the termination breached Australian Consumer Law.
According to damning legal letters released by the Federal Court, Henderson refused to present alongside her former radio co-star Sandilands 'ever' again after their relationship broke down in the middle of their February 20 live show.
ARN axed the pair's $200million contract deal after a segment in which Sandilands slammed Henderson for her 'fixation' on astrology.
Henderson said 'that's not fair' and left the studio in tears, before her own $100million contract was terminated.
Less than two weeks later, on March 3, Sandilands received a letter from ARN accusing him of making 'abusive, humiliating, and belittling comments' to Henderson, which included attacks on her character, work ethic, and job performance.
'You stated that everybody at the radio station was talking about these failings, thereby impressing on her the idea that her conduct and performance was so bad, that they were generally the talk of the station,' the letter read.
ARN claimed Sandilands' comments were not made in jest, and demonstrated a 'manifested hostility' towards Henderson that was 'calculated to offend and distress her'.
Should radio hosts be held accountable for on-air clashes, or is controversy just part of the job?
Henderson has reportedly provided ARN with a list of occasions when Sandilands allegedly 'bullied, berated, and belittled her on and off air', including the February 20 incident in which his harsh on-air comments left Henderson in tears
The broadcaster claimed Sandilands had damaged the business because Henderson refused to 'ever present with you again'.
Days after the blow-up, Henderson released a statement saying she 'did not quit or resign'.
Sandilands was given 14 days to remedy the situation or his contract would be terminated, but ARN did not propose any solutions in either its initial or subsequent correspondence.
He was ordered not to comment on the situation, disparage anyone at ARN, or victimise staff who had complained about his conduct – or risk termination.
A response from Sandilands' lawyer Kevin Lynch on March 10 claimed the broadcaster was aware of his client's 'tone, style, voice and robust character', to the point where it was willing to pay him $100million.
Mr Lynch also noted that the broadcaster had a 30‑second delay to censor or remove any disparaging comments but chose not to do so.
He said ARN created a 'Catch-22' when Sandilands was not given a way of resolving the situation.
The court also released an affidavit sworn by Mr Lynch, who detailed the pair's respective on‑air roles and their long working relationship.
ARN axed the pair's $200million contract deal after a segment in which Sandilands slammed Henderson for her 'fixation' on astrology
ARN claimed Sandilands' comments were not made in jest, and demonstrated a 'manifested hostility' towards Henderson that was 'calculated to offend and distress her'
Sandilands' lawyer, Kevin Lynch, said Sandilands was the 'dominant and abrasive personality who is deliberately outrageous and often offensive', while Henderson was a 'warmer and more emotionally attuned character'
'Mr Sandilands generally performs the role of the dominant and abrasive personality who is deliberately outrageous and often offensive, whilst Ms Henderson plays a moderating role as a warmer and more emotionally attuned character.
