UNREPENTANT
Folau to appeal breach notice
Wallabies superstar Israel Folau has requested a code of conduct hearing over his breach notice from Rugby Australia (RA) as his multi-million dollar contract hangs in the balance.
Unless successful at the hearing, Folau faces the sack after being issued with a “high-level” breach notice over controversial social media posts he made on April 10.
“Israel has responded formally to request a code of conduct hearing which, under the circumstances, was not an unexpected outcome,” said Rugby Australia chief executive Raelene Castle.
“We will now work to confirm a date for the hearing as soon as possible.”
Given there are Easter public holidays tomorrow, Monday then Anzac Day next Thursday, it seems unlikely the hearing will be conducted until the following week.
The hearing process will involve a panel of three — a representative of RA, a representative of the players’ union RUPA and an independent person approved by both organisations, who would be the chair.
The religiously-motivated Folau attracted a fresh storm of controversy when he posted on Instagram: “Warning. Drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists, idolators. Hell awaits you. Repent! Only Jesus saves.”
Rugby Australia says that public stance goes against their policy of inclusion.
Castle said Folau was warned formally and repeatedly last year about the expectation of him as a Wallabies and Waratahs player in regards to his social media use, following similar controversial posts.
She has emphasised the action taken against Folau is about the issue of responsibilities an employee owes to their employer rather than punishment for his religious beliefs.
Folau’s decision to appeal comes after RA bungled its contract negotiations with Folau by failing to insert social media restraints, according to a report.
The Sydney Daily Telegraph newspaper said Folau, who signed a $4 million four-year deal last year, refused to have the additional clauses retrospectively inserted into the contract.
If this is the case it will place added pressure on Castle, whose tenure has turned into a giant headache because of Folau’s inflammatory social media posts.
RA believe they are still on safe
ground, because they will argue Folau breached the standard player code of conduct by vilifying others because of their sexuality.
The Daily Telegraph labelled the contract situation as a “bungle” which could leave RA facing action under workplace anti-discrimination requirements.
Folau’s defence will be based around him being punished for expressing his religion’s beliefs and the absence of social media clauses could be central to that.
But he would appear to still be facing a major battle.
The NSW Anti-Discrimination Act states: “It is unlawful for a person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the homosexuality of the person or members of the group.”
A spokeswoman for The Workplace Employment Lawyers said RA can argue Folau breached his contract by going against legally correct
Israel has responded formally to request a code of conduct hearing which, under the circumstances, was not an unexpected outcome.
Rugby Australia chief executive Raelene Castle
direction RA gave him.
“‘Free speech’ in the workplace is qualified by employee’s obligations under their contract. In this case, it appears that Folau was told about RA’s policies and its expectations in relation to his conduct,” she said.
“Given the history, and as Folau is a public figure, RA is likely to have grounds for taking disciplinary action including termination of his contract.”
She added: “The NSW AntiDiscrimination Act protects against a ‘public act’ which amounts to vilification. We are not aware of any case law considering vilification in the context of argued religious expression in the workplace. Recent cases show vilification via social media is being considered by the courts.”