Either Folau or CEO will go after sacking call
Israel Folau will challenge his sacking over a homophobic social media outburst, Rugby Australia confirmed on Wednesday, creating a scenario that could claim the scalp of RA chief executive Raelene Castle.
Folau was given 48 hours to either accept the termination of his $4 million contract or request a code of conduct hearing, and has opted for the latter.
It has been reported that Folau will argue that Rugby Australia did not put specific social media clauses in his new deal, signed in February, and that he did not deliberately vilify any individual; that he was just quoting the bible.
The Wallabies star has chosen to fight his termination
despite condemnation at all levels of the game, including a declaration from Test coach Michael Cheika that he would not select the fullback. In a bizarre worst-case scenario, Folau could become a $1 million per season park footballer.
"Israel has responded formally today to request a Code of Conduct hearing which, under the circumstances, was not an unexpected outcome. We will now work to confirm a date for the hearing as soon as possible," Castle said in a statement.
"After the date for the hearing is confirmed Rugby Australia and the NSW Rugby Union will make no further comment on the matter until the Code of Conduct process has concluded."
DECISION WILL FINISH EITHER FOLAU OR CASTLE
Either Folau or Castle will be finished in Australian rugby after the attempted sacking of the Wallabies star is over, former Test player Peter FitzSimons says.
Folau said in an Instagram outburst last week that gays would go to hell. He also attacked transsexual people in a Twitter post.
Castle said that she had repeatedly warned Folau about vilifying LGBTIQ people after a near-identical social media incident last year. She said that Folau had breached his contract by again attacking sexual minorities.
Yet it has now been reported that there is no specific condition in Folau's contract prohibiting him from airing discriminatory views in the name of preaching his religion.
"At the end of the day, either Israel Folau will stay standing or Raelene Castle will stay standing," FitzSimons said on Five Minutes with Fitzy.
"She's the CEO of the whole operation. If by some extraordinary legal manoeuvre he survives this ... given what happened last year, the disaster that ran for three weeks, and you signed him up again for $4 million and it wasn't legally locked down that he can't do this, then you've got to go.
"If we take Raelene Castle at her word, and I have no reason not to take her at her word, she said they sat him down, he signed a standard contract but there were addendums, there were things that absolutely, legally made it clear - as we understand it - that you can't do this stuff again."
Yet a News Corp report claims that only after Folau re-signed with Rugby Australia for another four years did officials try to have social media clauses inserted in his deal.
Folau refused to go back on the initial agreement and Rugby Australia had no choice but to submit, meaning specific conditions are not in his contract.
The lack of a social media clause will play a huge role Folau’s defence and will call into question the re-signing process put in place by Castle.
The case could set a precedent in Australian sport and workplace law. It seems that the terms of Folau's contract, which would contain a standard legal address of discrimination issues rather than language tailored to his specific case, will be tested.
If Folau wins the case, lawyers say other Rugby Australia employees who are offended by his posts could also take action.
An absurd worst-case scenario looms if Folau somehow manages to remain in rugby: that he plays park football or remains inactive while being paid $1 million per season, given that the Waratahs and Wallabies have indicated that he will not be selected.
Or, that he is simply paid-out the remainder of his contract.
"Given what has happened, that [exclusion from elite rugby] will be the only possibility," FitzSimons said.
"Given how strong Michael Cheika was for the Wallabies, [NSW captain] Nick Phipps for the Waratahs ... you can't run out with the Wallabies anymore, that's done. And you can't run out with the Waratahs anymore, that's done."
FitzSimons believes that Folau has breached basic workplace legalities by condemning LGBTIQ people.
"This is not simply a matter of religious freedom," he said. "No, it comes down the workplace law.
"Given that he agreed not to do the posts again, if we take Raelene Castle at her word, there's nowhere to go. He has to go."
FitzSimons said that Folau, for all his talent, would be quickly replaced by the Wallabies - who will play in the Rugby World Cup later this year.
"There's always people that go and everybody always thinks that there's nobody that can possibly replace them," he said.
"It's extraordinary how people come along along and they're quickly replaced. Against that, Israel Folau is a serious loss because he's seriously good player."
