News Folau case may send Rugby Australia broke.

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Mr Invisible

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Emphasis on "John West QC".
The reason he was there was because they had to ensure that it was a legal breach. John West is a very good barrister. If he says it's solid then it's solid. Folau won't have a leg to stand on.
Wasn't the hearing to determine the validity of contract status he had. In other words "can Rugby Au terminate him for comments made that he did not agree to in his contract".

I don't think this mediation was about if he was entitled to any compensation if they do terminate him, but purely "did he breach his contract, if so at what level... and did he breach it despite not having contractual obligations not to post such content".

Now they have determined he has breach the contract and the comments are relevant towards the contract and it's a high level breach, now the ball is back over to RA.

RA will now decide if they intend to terminate it or punish him another way.

Once they issue him a termination notice, THEN he can challenge for a payout.

I still think they'll get done for it and need to pay some compensation.... how much is the question.

I've had dealings with John West in the past. He is a very fair and smart mediator, and he also doesn't stand for any shit. He's not cheap, so if someones copping his bill for 3 days, it's going to be eye watering if it was 3 x 8hr days mediating + his background hours spent on it.
 

Hacky McAxe

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Wasn't the hearing to determine the validity of contract status he had. In other words "can Rugby Au terminate him for comments made that he did not agree to in his contract".

I don't think this mediation was about if he was entitled to any compensation if they do terminate him, but purely "did he breach his contract, if so at what level... and did he breach it despite not having contractual obligations not to post such content".

Now they have determined he has breach the contract and the comments are relevant towards the contract and it's a high level breach, now the ball is back over to RA.

RA will now decide if they intend to terminate it or punish him another way.

Once they issue him a termination notice, THEN he can challenge for a payout.

I still think they'll get done for it and need to pay some compensation.... how much is the question.

I've had dealings with John West in the past. He is a very fair and smart mediator, and he also doesn't stand for any shit. He's not cheap, so if someones copping his bill for 3 days, it's going to be eye watering if it was 3 x 8hr days mediating + his background hours spent on it.
Yeah, the mediation was about whether it can be considered a grade 4 breach.

Basically if it's a grade 3 or lower breach and they sack him then they're liable to be sued. If it's a grade 4 breach then they're legally allowed to terminate his contract.

Basically put, he can now attempt to sue them but he needs to first go through the appeals process and if the initial and the appeal both found him guilty then a judge won't allow the litigation case to go to court because he doesn't have a case.
 

Kaz

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Glad he lost.

IMO: He thought because the World Cup is later this year, RA wouldn't do anything.
 

Wahesh

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It's a balanced panel. One representing Rugby Australia, one representing the Rugby Union players association, and a chair to to act as the intermediary. None of them are employees or associates of Rugby Australia. They're just assigned by the different groups.

Basically put, it's a panel that covers all aspects to ensure that the findings are clear.

Folau can appeal and if he does then they form a new panel of 3 new independents.

I should point out that it's very much not a criminal matter which is why it can be handled this way. It's a contractual matter. In contractual cases like this the decision is made by a panel and appeal is allowed but after that it doesn't go to court.
Can't it go to court on the grounds of unfair dismissal?
 

Hacky McAxe

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Can't it go to court on the grounds of unfair dismissal?
Nah. Not for a grade 4. A grade 4 means that it has gone through an independent legal panel. It's basically sports version of a civil hearing.

As I said. He can still attempt to sue but it's unlikely to even make it to the trial stage.
 

Flanagun

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What has more holes in it than the Wallabies defence? Izzy's legal defence..... lol
 

Wolfmother

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Nah. Not for a grade 4. A grade 4 means that it has gone through an independent legal panel. It's basically sports version of a civil hearing.

As I said. He can still attempt to sue but it's unlikely to even make it to the trial stage.
Although he has breached the code I think if he is terminated he can still sue the rugby union for discrimination on the basis of religion and in turn can sue for unfair dismissal

The code of conduct is conflicting with human Rights
 

Kaz

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Although he has breached the code I think if he is terminated he can still sue the rugby union for discrimination on the basis of religion and in turn can sue for unfair dismissal

The code of conduct is conflicting with human Rights
They always use the it's my religion excuse.

He is just a nutter.

Don't get me started on the Human Rights shit.
 

Wahesh

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And now, Alan Jones (who is gay, mind you). Farout I never thought I'd agree with him about this topic.


https://www.smh.com.au/sport/rugby-...ts-israel-folau-decision-20190508-p51l3b.html

'The battle has just begun': Alan Jones blasts Israel Folau decision

Former Wallabies coach and broadcaster Alan Jones has blasted Rugby Australia for finding Israel Folau had breached the players' code of conduct, saying he was "ashamed" of the sport and would fight its decision.

Folau was on Tuesday found guilty of committing a "high-level" breach of his contract by a three-person independent panel for his controversial social media post last month, leaving him open to being sacked from the game.

While a high-level breach is the only way Folau's four-year, $4 million contract can be terminated, effective immediately, there is no guarantee that will be the result. The panel of John West, QC, Kate Eastman, SC, and John Boultbee, AM, could decide that a fine and a suspension would suffice, even if that appears unlikely at this stage.

On his breakfast show on Wednesday morning, Jones claimed the panel was not independent and that Folau, with the support of Jones and "millions" of Australians, would "take this fight every inch of the way".

"This will go as far as the High Court if it has to go there," he said. "The battle has just begun."

"I coached Australian rugby, I was proud of it, I was proud of the boys and I was proud of everything we stood for. Today, I’m ashamed of the very people who’ve inherited our proud legacy," Jones said on air.

Jones coached the Wallabies between 1984 and 1987.

"If we’re not free to articulate our religious beliefs and quote from the bible, and if we’re not free to speak for fear that someone affects ... hurt or is part of the offence industry, if that’s where we’ve reached in this country, we’ve reached a dark place and we are all at risk," he said.

Mr Jones also said former Labor leader Mark Latham's maiden speech in NSW Parliament, which will be delivered on Wednesday afternoon and defends Folau, "may be the most outstanding political speech I have ever read".

"It should be read by every school child, better still, every university lecturer," Mr Jones said.

In an advance copy of the speech, quoted on air by Jones, Latham says "I stand with Israel Folau" and accuses Rugby Australia of making the game "less inclusive".

"In his time away from his job playing footy he's a preacher at his community church and naturally quotes the bible," Latham will say, according to Jones. "Yet for his beliefs, his Christianity, he's not allowed to play rugby."

Latham will also say the decision exposes a "new serfdom" in which companies want to control all aspects of employees' lives.

Folau, a 30-year-old devout Christian, took to Instagram last month to proclaim "hell awaits" for "drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists, idolators".

Latham joined Jones on air on Wednesday morning, saying Folau made the comments "in his own private time" and that was "completely unexceptional".

Rugby Australia boss Raelene Castle issued Folau with a breach notice last month following his social media posts and threatened to tear up his four-year, $4 million contract.
 

Wolfmother

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They always use the it's my religion excuse.

He is just a nutter.

Don't get me started on the Human Rights shit.
Regardless of whether he is a nutter he has enough proof to show his actions regarding the social post was in line with his religious beliefs. The code of conduct is not sophisticated enough to be in line with human Rights or anti discrimination laws
 

Wolfmother

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And now, Alan Jones (who is gay, mind you). Farout I never thought I'd agree with him about this topic.


https://www.smh.com.au/sport/rugby-...ts-israel-folau-decision-20190508-p51l3b.html

'The battle has just begun': Alan Jones blasts Israel Folau decision

Former Wallabies coach and broadcaster Alan Jones has blasted Rugby Australia for finding Israel Folau had breached the players' code of conduct, saying he was "ashamed" of the sport and would fight its decision.

Folau was on Tuesday found guilty of committing a "high-level" breach of his contract by a three-person independent panel for his controversial social media post last month, leaving him open to being sacked from the game.

While a high-level breach is the only way Folau's four-year, $4 million contract can be terminated, effective immediately, there is no guarantee that will be the result. The panel of John West, QC, Kate Eastman, SC, and John Boultbee, AM, could decide that a fine and a suspension would suffice, even if that appears unlikely at this stage.

On his breakfast show on Wednesday morning, Jones claimed the panel was not independent and that Folau, with the support of Jones and "millions" of Australians, would "take this fight every inch of the way".

"This will go as far as the High Court if it has to go there," he said. "The battle has just begun."

"I coached Australian rugby, I was proud of it, I was proud of the boys and I was proud of everything we stood for. Today, I’m ashamed of the very people who’ve inherited our proud legacy," Jones said on air.

Jones coached the Wallabies between 1984 and 1987.

"If we’re not free to articulate our religious beliefs and quote from the bible, and if we’re not free to speak for fear that someone affects ... hurt or is part of the offence industry, if that’s where we’ve reached in this country, we’ve reached a dark place and we are all at risk," he said.

Mr Jones also said former Labor leader Mark Latham's maiden speech in NSW Parliament, which will be delivered on Wednesday afternoon and defends Folau, "may be the most outstanding political speech I have ever read".

"It should be read by every school child, better still, every university lecturer," Mr Jones said.

In an advance copy of the speech, quoted on air by Jones, Latham says "I stand with Israel Folau" and accuses Rugby Australia of making the game "less inclusive".

"In his time away from his job playing footy he's a preacher at his community church and naturally quotes the bible," Latham will say, according to Jones. "Yet for his beliefs, his Christianity, he's not allowed to play rugby."

Latham will also say the decision exposes a "new serfdom" in which companies want to control all aspects of employees' lives.

Folau, a 30-year-old devout Christian, took to Instagram last month to proclaim "hell awaits" for "drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists, idolators".

Latham joined Jones on air on Wednesday morning, saying Folau made the comments "in his own private time" and that was "completely unexceptional".

Rugby Australia boss Raelene Castle issued Folau with a breach notice last month following his social media posts and threatened to tear up his four-year, $4 million contract.
And that's why Alan Jones is the most listened to broadcaster.. He is the voice of reason. He speaks the truth and lots of people can't handle the truth
 

Hacky McAxe

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Although he has breached the code I think if he is terminated he can still sue the rugby union for discrimination on the basis of religion and in turn can sue for unfair dismissal

The code of conduct is conflicting with human Rights
He can try, but one of the barristers on the panel is a human rights lawyer. She's one of the most senior human rights lawyers in the country. Hence why she was chosen.
 

Dawgfather

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He can try, but one of the barristers on the panel is a human rights lawyer. She's one of the most senior human rights lawyers in the country. Hence why she was chosen.
lol 'human rights lawyer', which is in fact code for 'refugees, gay people and other minorities lawyer'.

If a human rights lawyer was on the panel then they were only ever going to find one outcome when someone quotes from a christian bible.
 

Hacky McAxe

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Regardless of whether he is a nutter he has enough proof to show his actions regarding the social post was in line with his religious beliefs. The code of conduct is not sophisticated enough to be in line with human Rights or anti discrimination laws
Freedom of religion doesn't priority over individual freedom. Article 9 of the Human Rights Commission protects freedom of thought, belief and religion with the exception when public use of the religious belief affects:
  • public safety
  • public order
  • health or morals, and
  • the rights and freedoms of other people
The debate here is that his post breached the rights of a group against offence which also results in a breach of player conduct.

If there was total freedom of religion then a Muslim could stone a person to death and sue if he got fired for it.
 

Hacky McAxe

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lol 'human rights lawyer', which is in fact code for 'refugees, gay people and other minorities lawyer'.

If a human rights lawyer was on the panel then they were only ever going to find one outcome when someone quotes from a christian bible.
She was definitely on the side of Rugby Australia. She was put in there by Rugby Australia to ensure that the case was solid.

The other lawyer was put there in defence of Folau (a sports player association lawyer) and the 3rd lawyer was an independent chair to oversee the proceedings.
 

Hacky McAxe

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And that's why Alan Jones is the most listened to broadcaster.. He is the voice of reason. He speaks the truth and lots of people can't handle the truth
He's a radio jock. Radio jocks aren't there to speak the truth. They're there to speak their opinion, and Alan Jones does that well.
 
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