Monday, April 15, 2019
Israel Folau could SUE Rugby Australia for religious discrimination if they terminate his contract
A footballer is a Very Important Person so the attempt to punish him for his "incorrect" speech has got a lot of people coming out in his defence
Israel Folau could sue Rugby Australia on the grounds of religious discrimination if his current contract is terminated, an expert has claimed.
Yesterday it was revealed that the Wallabies player would fight the attempts of Rugby Australia and the New South Wales Waratahs to sack him over the contents of a social media post.
Folau made an Instagram post on Thursday which said gay people - and other perceived sinners - would go to hell unless they repented.
The 30-year-old, who holds strong Christian views, was warned last year for making similar comments on social media but escaped disciplinary action.
On this occasion, however, RA announced it would cancel the lucrative four-year deal he signed in January.
But one legal expert has said Folau could make a claim against the organisation on the basis of his religion under the Fair Work Act.
Mark Fowler, an adjunct associate professor of law the University of Notre Dame, told The Sydney Morning Herald that RA would have to prove they were not terminating Folau's contract because of his religion.
'On what is publicly reported, it would seem hard to say that the action Rugby Australia is proposing is not because of his religious belief.'
If Folau successfully sued Rugby Australia for the millions of dollars remaining on his contract, it would be a serious blow for the already financially-stretched organisation.
On Friday a meeting was held at the union's headquarters in Moore Park and while the RA's position is unchanged, the Wallabies face the prospect of entering this autumn's World Cup without one of the game's most gifted players.
'As the meeting was held in confidence between the player and his employers, Rugby Australia and the NSW Rugby Union will not comment on the discussions at the meeting,' a statement read.
The Rugby Union Players' Association accompanied Folau to the talks and revealed in a statement that he intends to honour his contract, adding that the RA's code of conduct must be followed during any disciplinary action.
There has been widespread condemnation of Folau's remarks, including from former Wallabies team-mate Drew Mitchell and New Zealand prime minister Jacinda Ardern.
But former Wallabies coach and prominent media commentator Alan Jones defended Folau's controversial comments - saying the rugby star had a right to freedom of speech.
Jones said Rugby Australia was acting against Folau to shore up the continued support of major sponsor Qantas, whose chief executive Alan Joyce is gay.
Rugby Australia has reprimanded Folau in the past for targeting the LGBTQI community in his social media posts.
He came under fire in 2017 during the marriage equality vote, when he publicly announced he wouldn't be supporting gay marriage.
SOURCE
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