Sponsor threat downfall
Rugby Australia will be able to prove Folau brought the game into disrepute and breached code of conduct
Australian rugby’s major sponsors were ready to walk away from the code if Israel Folau was not sacked for his homophobic posts, and this is the key element likely to sink the player’s fight to retain his A$4 million contract.
Rugby Australia will be able to prove in a hearing that Folau brought the game into disrepute and breached the code of conduct set out for all their employees with his post, because the loss of sponsorship would have financially killed the code in Australia.
It’s understood there is no specific social media clause in Folau’s fouryear contract. However, the “bringing the game into disrepute” charge surpasses that, as does the fact Folau knew the consequences of posting inflammatory material after last year’s controversy because he was formally warned.
Folau met his bosses for 10 minutes on Friday, where he said he would proceed with a code of conduct hearing to remain employed, and they replied they’d take every measure to terminate his contract. The date for that hearing is yet to be set.
Folau may choose to use a “free speech” defence but ultimately that is set to fail in the face of the evidence that the game would have gone broke had they not taken action.
As fate would have it, RA had scheduled meetings with four key sponsors, including Qantas, for this week, well before Folau’s post last Wednesday.
But as they sat down, there was no avoiding the elephant in the room.
Sydney’s revealed
two of the four sponsors told RA that if they didn’t sack Folau, there was no chance of renewing their deals.
RA has already projected a deficit of millions in the next financial year, given the Wallabies are hosting only three tests this season due to the World Cup.
With a sponsor revolt, rugby in Australia would be in danger of folding. Folau’s post had the potential of sending broke the employer who pays him A$1 million a year, therefore constituting a “bringing the game into disrepute” case against the player.
Equally as important is the code of conduct breach vilifying people based on their sexuality.
Not only did Folau offend masses of the public, but also employees within RA, including members of the Australian women’s team.
Atop their mission to be inclusive, RA has a duty to protect their employees from speech deemed offensive and disrespectful.
Folau set off his social media grenade while in New Zealand, where he was spending time during the Waratahs’ bye week.
After he put his post up Instagram, RA officials sought phone him without luck.
As public furore arose, RA released a statement condemning his words, hoping to meet him on Thursday to give notice of termination.
RA boss Raelene Castle and other officials tried numerous times to call Folau but he would not answer.
They contacted Folau’s manager Isaac Moses, alerting him to the fact they were planning to sack his client. Moses also left messages with Folau urging him to call RA back.
As time slipped away, RA released their statement saying they intended to terminate Folau’s contract “in the absence of compelling mitigating factors”, while confirming he had been formally warned last year for making similar posts.
On realising the seriousness of the situation, Folau boarded an early plane back to Sydney on Thursday night and messaged Castle to say he’d front up on Friday.
On Friday morning, he and wife Maria met Rugby Union Players’ Association boss Prataal Raj at a cafe, where he made clear he wanted to continue playing for the Waratahs and Wallabies and see out his four-year contract.
Raj accompanied Folau to a tense meeting with Castle, Wallabies coach Michael Cheika and high-ranking RA officials, where he was told every step would be taken to axe him.
Under his terms of employment, Folau is entitled to a code of conduct hearing before he can be officially terminated, and said he wants that hearing. on to