The Folau Factor



  • @NTA said in The Folau Factor:

    @No-Quarter said in The Folau Factor:

    I've also read that he is protected under the Fair Work Act, which are laws that protect workers rights. This includes protection for religious beliefs, stopping employers from terminating employment based on those beliefs.

    Having beliefs is fine. But I think there are also sections in the Act about expressing those beliefs in a way that is detrimental to the employer.

    That's more to do with disparaging your employer though. Paraphrasing the bible is a different kettle of fish.



  • One thing is for sure. The lawyers will be absolutely licking their lips. They live for this kind of thing.



  • @No-Quarter Something to do with bringing your employer into disrepute? It is an ugly situation after the last incident. In hindsight, the only thing the ARU could have done would have been to not offer Folau a new contract. I am sure that would have gone down well in Oz too, so they were in a no win situation



  • @No-Quarter said in The Folau Factor:

    One thing is for sure. The lawyers will be absolutely licking their lips. They live for this kind of thing.

    There's only one real winner!!



  • @No-Quarter said in The Folau Factor:

    That's more to do with disparaging your employer though. Paraphrasing the bible is a different kettle of fish.

    Fair enough. I saw something quoted abut reputational damage but maybe I'm thinking about corporates like my own work 🤔

    @canefan said in The Folau Factor:

    There are lots of christian players out there ( the odd muslim

    I hear that Sonny William Williams is a Muslim 😉 Had a Muslim guy at our club - hated playing during Ramadan because he'd be exhausted!



  • @canefan said in The Folau Factor:

    @No-Quarter said in The Folau Factor:

    One thing is for sure. The lawyers will be absolutely licking their lips. They live for this kind of thing.

    There's only one real winner!!

    First against the wall when the revolution comes 😉



  • I would assume Channel 10 has an Inclusion Policy. Do they care that that repulsive creature from the project just slandered millions of Australians? Probably not because another thing that's very selective is what we're supposed to be outraged about.

    With regards to Foulhaw, I'm sick and tired of it. Maybe there is a freedom of speech/religion argument there, but like those dickhead Hollywood virtue signallers he should just stfu and do what he's good at. Now all he's really accomplished is lose a season of his career and miss a world cup. He would have had all the time in the world to insult fornicators and gays when he'd hung up the boots.



  • @NTA said in The Folau Factor:

    @No-Quarter said in The Folau Factor:

    I've also read that he is protected under the Fair Work Act, which are laws that protect workers rights. This includes protection for religious beliefs, stopping employers from terminating employment based on those beliefs.

    Having beliefs is fine. But I think there are also sections in the Act about expressing those beliefs in a way that is detrimental to the employer.

    The general protections section of the Fair Work Act apply and he could make a claim RA breached that and test that in the Federal Court. Those provisions have a reverse onus too so RA would have to prove they didn’t breach those protections.



  • @canefan said in The Folau Factor:

    @NTA The Players union are there to protect Folau no? I would have thought it was their duty to dispute the panel selections if they felt their man was being railroaded

    The makeup of the panel is largely a procedural matter set out under the Code. RUPA’s involvement/approval in that side of things is a matter of policy. Fairly standard sort of stuff.

    In terms of a representative role (ala union), Folau got legal reps so I’m not sure if RUPA played any significant role throughout.

    There is interaction between the Code and CBA, so at the very least next time bargaining comes up I think this will be a red hot issue for players and RUPA.



  • If this article is to be believed Folau's tweets have scared off some potential landing spots. I expect many will be afraid of the optics of allowing Folau in, and the high risk of him going off piste again. For example if you are the NRL you have enough trouble keeping your current players out of trouble without courting more heat



  • @ACT-Crusader said in The Folau Factor:

    @NTA said in The Folau Factor:

    @No-Quarter said in The Folau Factor:

    I've also read that he is protected under the Fair Work Act, which are laws that protect workers rights. This includes protection for religious beliefs, stopping employers from terminating employment based on those beliefs.

    Having beliefs is fine. But I think there are also sections in the Act about expressing those beliefs in a way that is detrimental to the employer.

    The general protections section of the Fair Work Act apply and he could make a claim RA breached that and test that in the Federal Court. Those provisions have a reverse onus too so RA would have to prove they didn’t breach those protections.

    I t would be great to have it tested in court. I doubt the intention of non discrimination for religion is a carte Blanche to say what you like and hide behind religious teachings.
    It wouldn’t be acceptable for racism so why for sexual orientation?



  • @canefan said in The Folau Factor:

    If this article is to be believed Folau's tweets have scared off some potential landing spots. I expect many will be afraid of the optics of allowing Folau in, and the high risk of him going off piste again. For example if you are the NRL you have enough trouble keeping your current players out of trouble without courting more heat

    If the courts rule he’s done nothing wrong, is that then discrimination? Can he press charges against people that won’t touch him because of what he may / will write on social media?



  • @MajorRage I guess they don't need to specify their reasons. Just don't write anything down if there is a exclusion plan in place!



  • @canefan said in The Folau Factor:

    If this article is to be believed Folau's tweets have scared off some potential landing spots. I expect many will be afraid of the optics of allowing Folau in, and the high risk of him going off piste again. For example if you are the NRL you have enough trouble keeping your current players out of trouble without courting more heat

    It's crazy - the NRL don't want him yet what he did absolutely pales in comparison to what some of the scrumbags playing NRL have done in the past.



  • Should have just glassed his girlfriend or shat in a hallway, pissed in his own mouth or maybe some sort of gang sexcapade like those much better role models out there.



  • @No-Quarter said in The Folau Factor:

    @canefan said in The Folau Factor:

    If this article is to be believed Folau's tweets have scared off some potential landing spots. I expect many will be afraid of the optics of allowing Folau in, and the high risk of him going off piste again. For example if you are the NRL you have enough trouble keeping your current players out of trouble without courting more heat

    It's crazy - the NRL don't want him yet what he did absolutely pales in comparison to what some of the scrumbags playing NRL have done in the past.

    He wouldn't want to go back there anyway. Most of them are already going to hell!!!



  • @canefan said in The Folau Factor:

    He wouldn't want to go back there anyway. Most of them are already going to hell!!!

    And that's just preseason bonding sessions....



  • https://www.smh.com.au/sport/rugby-union/folau-turns-to-top-silk-as-rugby-australia-case-heads-for-legal-stoush-20190521-p51psc.html

    In a move that surprises nobody, Folau starts talking to employment lawyer with recent cred:

    Israel Folau has tapped one of Australia's leading workplace relations lawyers and Melbourne silks, Stuart Wood QC, for advice as he mulls taking on Rugby Australia in court alleging a breach of contract.

    A representative for Folau said that it was too early to say Wood had been “engaged” by the rugby superstar but confirmed the pair had been in talks over next steps in his ongoing tussle with RA.

    Those close to Folau have recommended workplace relations expert Wood, who has emerged in past years as a crusader in unlawful termination cases where free speech is called into question.

    The Melbourne-based barrister most recently successfully represented controversial marine scientist and climate-sceptic Peter Ridd in his battle against James Cook University, which terminated the academic for questioning his colleagues on-air and in emails.

    The scientist was terminated by the university after describing his colleague, who was a coral researcher, as "not having any clue about the weather" and for giving "the normal doom science about the Great Barrier Reef".

    Federal Circuit Court judge Sal Vasta ruled in the academic's favour, finding that his employment contract with the university protected his comments over and above the university's code of conduct. Ridd is continuing to seek reinstatement at the university.

    While Folau has not confirmed his legal team or decided which avenue in the courts he will go down, the Herald understands the 30-year-old is setting his sights on being represented by Wood.
    ...



  • @NTA said in The Folau Factor:

    @canefan said in The Folau Factor:

    He wouldn't want to go back there anyway. Most of them are already going to hell!!!

    And that's just preseason bonding sessions....

    Don't forget Mad Monday!!



  • @NTA

    Looks like he’s getting some good legal representation, this Wood barrister-dude likely knows labour law and free speech provisions inside-out.


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