Unless you specifically saw this in his contract, you cannot actually say that was the case. The contract is between the employer and employee only.
If he did have that clause in his contract, then it's his own fault, however I doubt a $3,000,000 law suit will as simple as that.
https://www.hopgoodganim.com.au/pag...-with-an-employment-contract-or-is-there-more
I was wrong about a specific clause being in his contract about his use of social media, but as the link supplied states -
In January 2018, the Rugby Union Players Association and the Rugby Bodies (Rugby Australia and the State Unions) agreed to a new Collective Bargaining Agreement (
CBA) governing the terms and conditions of the employment of professional Rugby players. Folau’s employment contract was signed in October 2018 in the context of this CBA. From media reports, it is understood that RA sought specific clauses relating to Folau’s use of social media to be inserted into his player’s contract, but was unsuccessful on the basis that this was an impermissible variation of the CBA in circumstances where such a clause would not benefit the player.
In the absence of specific social media restrictions in Folau’s contract, RA was required to establish that Folau had breached the Code and therefore failed to follow the lawful and reasonable instructions of his employer (i.e. as set out in the Code but as also explained to him in RA’s prior warning in 2018). The requirement to observe an employer’s lawful and reasonable instructions will be implied into any employment contract, even if the requirement is not expressly stated. Further, it is assumed that Folau’s contract did, in fact, contain express agreement on his part to observe his employer’s policies, including the Code.
The relevant provisions of the Code that Folau breached are as follows:
1.3: Treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability. Any form of bullying, harassment or discrimination has no place in Rugby.
1.7: Use Social Media appropriately. By all means share your positive experiences of Rugby but do not use Social Media as a means to breach any of the expectations and requirements of you as a player contained in this Code or in any Union, club or competition rules and regulations.
1.8: Do not otherwise act in a way that may adversely affect or reflect on, or bring you, your team, club, Rugby Body or Rugby into disrepute or discredit. If you commit a criminal offence, this is likely to adversely reflect on you and your team, club, Rugby Body and Rugby.
His signing of the contract was done under their CBA and included the above clauses which he breached.
