The ongoing Israel Folau saga reached an important milestone yesterday, with the deadline for a code of conduct hearing appeal expiring without the embattled star deciding to contest.
But, as much as pure rugby fans want this ordeal to be over, we may not have heard the last of it yet.
Folau said in a statement yesterday that his “decision not to commence Rugby Australia’s appeal process is in no way an acceptance of the judicial panel’s findings.”
“I simply do not have confidence in Rugby Australia’s ability to treat me fairly or lawfully throughout this process,” he added.
What impact would a legal challenge by the Folau camp have on Rugby Australia and fans of the game?
Rugby expert at The Roar Brett McKay joined us on the Game of Codes podcast to discuss the fallout from yesterday’s events.
Listen to the discussion:
Folau’s had a chequered number of years in the social media spotlight, coming under scrutiny on three separate occasions for posts widely deemed as discriminatory against the LGBTI community.
Regardless of your view on Folau’s comments, most rugby fans – our panellists included – can’t wait for the discussion to switch back to the sport itself.
Visit our Game of Codes hub to catch the full episode and be sure to subscribe and review on iHeartRadio, Apple Podcasts, Google Podcasts or wherever else you’re listening.
Kiwikrs
Roar Rookie
not whether or not it was legal to apply the contract in that way in the first place. Sounds like that's exactly what you're saying...
Kirky
Roar Rookie
That's the reality of it TWAS, he has got to the stage that he is in a state of detachment with the whole world in general unless everyone shares his belief's which are so far removed from reality, everyone and everything is against him! ~ He needs Professional help and not the Legal variety!
Big Dave
Roar Rookie
No that isn't what I'm saying at all. I'm saying they were adjudicating on a different basis from what a court would.
amband
Roar Rookie
quote " The legal question is whether that has anything to do with RA rights to terminate an employment contract." that has much to do with it. A code is subject to rule of law
amband
Roar Rookie
apparently is does according to those close to this
Shane D
Roar Rookie
The social media clause would have allowed RA to terminate IF’s contract without the need for a tribunal. The ‘missing’ clause has no effect of the Code of Conduct.
Shane D
Roar Rookie
Not actually his lawyer as he is yet to engage him. Wood may well say ‘thanks but no thanks’.
Shane D
Roar Rookie
He also needs to be named president for life.
Shane D
Roar Rookie
RAs position is that they gave IF clear guidance as to what was allowed in terms of what he could & could not post as part of last years warning. RUPA are saying that RA has not yet given those guidelines to the contracted players as a whole. I
Shane D
Roar Rookie
He could have had that by walking away from his contract.
Shane D
Roar Rookie
Twiggy is a clever bloke. His company’s employ a lot of people. How many of those people do you think have contracts that have clauses about appropriate social media use? Does he want to risk long term business relationships by backing a person looking to restrict an employers ability to ensure their company’s reputations are not damaged by employees posting things on social media?
Shane D
Roar Rookie
Reading NFJ’s comments in this article I would wonder what substantive evidence he had to provide the tribunal. He pretty clearly says he didn’t know what warning or advice Folau had received prior to meeting with him. https://wwos.nine.com.au/rugby/how-meeting-folau-changed-farr-jones-mind/9dedf2ed-2b20-4fca-ab96-521088973eb8
Aussikiwi
Guest
Wrong. They would of course consider the legality of termination, including any applicable discrimination law, at least when considering the appropriate sanction.
Ruckin Oaf
Guest
Foau's post said "Warning ......homosexuals..... hell awaits you repent" The only honest way to interpret that is that unrepentant homosexuals go to hell. What would be intellectually dishonest is to put a different spin on those words just because it suits your chosen narrative.
Rajiv
Guest
The 3 legal experts could only address the RA Code and Foleau's contract NOT the overriding law which covers all matters in Australia They are not judges and could not address matters of religious and speech freedom limits
Fat Toad
Roar Rookie
Relevant how? Or, just another ad hominem?
Fat Toad
Roar Rookie
No one person is bigger than the game - correct. But, if you fail to understand that many will see this as a point of principle, then it would be easy to find yourself in the same untenable position as RA. Apparently, not simples to some.
Jack
Guest
Seeing that you haven’t heard NFJ’s (a lawyer, businessman and WC captain) speaks volumes. Why wasn’t NFJ asked to speak at the hearing and why hasn’t NFJ’s perspective being widely disseminated on mainstream media? Oh, I forgot. Truth, fairness and balance must never get in the way of a good witch-hunt!
Kashmir Pete
Roar Guru
[PRESALE] #AUSvARG tickets available tomorrow at 10am Inbox x Wallabies 11:55 AM (10 hours ago) Get behind our boys as they start their Road to Japan against Argentina at the #GoldBlooded fortress, Suncorp Stadium in Brisbane. view online 27 JULY 201 10:41 PM (0 minutes ago) Dear Australian Rugby I am quite comfortable with Israel Folau not being selected for the Wallabies, but your action against him precludes my prior desire to purchase tickets this year. Thank you for following though on your undertaking to notify me of early availability for the Wallabies game in Brisbane. Reluctant to advise, unless you sort this out before the World Cup, I will be barracking for Fiji come September. Sincerely Peter
Kiwikrs
Roar Rookie
So you're saying that Folau's union appointed and agreed to a lawyer and a judge that adjudicated a CoC breach with no thought to the legalities? Sounds like you have a much lower opinion of these experts than most others including their peers. You seem to think they would ruin their reputation by opening themselves up to be overturned so easily.