The Israel Folau saga

[Dctarget]

So, doesn't seem good for Izzy. Without knowing the different possible levels of breaches, you'd assume a high level is the top. A high level breach (and a second one at that) of the code should be enough to justify an immediate termination.

 

[Dctarget]

Alan Jones on Sky just now said Israel will fight this all the way to the High Court. (I think he said Israel will be financially backed)
I assume his first step will be to appeal within the 72 hour window and if that fails then onto the courts.

What an absolute farcical waste of the court's time that would be.

 

[Dctarget]

Also doubt a judge would let the case get anywhere near the high court. It'd be thrown out well before then.

 

[sidelineview]

Alan Jones on Sky just now said Israel will fight this all the way to the High Court. (I think he said Israel will be financially backed)
I assume his first step will be to appeal within the 72 hour window and if that fails then onto the courts.

I hope its right.
It will be a landmark case in Australia's history and I assume Folau will receive a lot of support.

 

[formerflanker]

Also doubt a judge would let the case get anywhere near the high court. It'd be thrown out well before then.

If simple contract law is the main issue, you could be right.
However, if the case morphs into freedom of speech and freedom of religion, it may very well go all the way.

(note I speak as a person who is not in the legal profession. A layman's view only)

 

[Sully]

Wonder when we'll get to the point where Folau walks away.

 

[formerflanker]

Wonder when we'll get to the point where Folau walks away.

An interesting scenario.
Takes his dismissal, finds well paid rugby employment elsewhere, and lets his lawyers fight the never-ending battle.
RA is then embroiled in a long term costly legal and social fight while Israel plies his trade elsewhere.

 

[Derpus]

Alan Jones on Sky just now said Israel will fight this all the way to the High Court. (I think he said Israel will be financially backed)
I assume his first step will be to appeal within the 72 hour window and if that fails then onto the courts.

Just what Rugby needs. I really fail to see how this would make it to the HC.

 

[Derpus]

An interesting scenario.
Takes his dismissal, finds well paid rugby employment elsewhere, and lets his lawyers fight the never-ending battle.
RA is then embroiled in a long term costly legal and social fight while Israel plies his trade elsewhere.

Agrees another contract while he fights to retain his current one? i think not.

 

[Lorenzo]

An interesting scenario.
Takes his dismissal, finds well paid rugby employment elsewhere, and lets his lawyers fight the never-ending battle.
RA is then embroiled in a long term costly legal and social fight while Israel plies his trade elsewhere.

Any money he makes playing rugby will offset his claim against RA. If he finds 'well paid rugby employment elsewhere', RA's potential liability drops considerably.

 

[Derpus]

^^^^
Or that. But i didn't think he was seeking a payout but to remain employed at this point?

 

[dru]

Any money he makes playing rugby will offset his claim against RA. If he finds 'well paid rugby employment elsewhere', RA's potential liability drops considerably.

And what do you think of the chances of that happening?

 

[Dctarget]

Yeah there is no chance that they'll order the contract to be upheld. It can't be. Just about damages.

 

[Lorenzo]

^^^^
Or that. But i didn't think he was seeking a payout but to remain employed at this point?

I dare say that is posturing. Most unfair dismissal cases have an applicant that is ready, willing and able to return to work. It is a key aspect of demonstrating that you were unfairly dismissed.

In reality, most termination circumstances make actually returning to work unviable.

 

[sidelineview]

Just what Rugby needs. I really fail to see how this would make it to the HC.

It's not what rugby needs but it's not out of the question.

This reminds me of when Souths were kicked out of the RL comp by News Limited in the Super League war.
As time went on people realised it wasnt just about Souths or rugby league. The issue was much broader than that and was essentially about not allowing a multi national corporation to execute a corporate takeover of part of Australian sport. Alan Jones, like him or not, was a big part of that monumental legal struggle and ultimate victory, and which now has been etched into Australia's history.

Whether this matter escalates to those heights remains to be seen.

 

[formerflanker]

I dare say that is posturing. Most unfair dismissal cases have an applicant that is ready, willing and able to return to work. It is a key aspect of demonstrating that you were unfairly dismissed.

In reality, most termination circumstances make actually returning to work unviable.

I see. You are telling me that RA has not just terminated Izzy's contract, but his sporting career.
That has huge implications.

 

[Lorenzo]

And what do you think of the chances of that happening?

It ain't looking great for him.

Thing is, if every other footy league/club in the world is put off, maybe his conduct is termination-worthy after all?

 

[Quick Hands]

Alan Jones on Sky just now said Israel will fight this all the way to the High Court. (I think he said Israel will be financially backed)
I assume his first step will be to appeal within the 72 hour window and if that fails then onto the courts.

No doubt this will end up in the Courts.

 

[Lorenzo]

I see. You are telling me that RA has not just terminated Izzy's contract, but his sporting career.
That has huge implications.

What? Returning to work with the employer that terminated you, when you are suing them for unfair dismissal, is usually not realistic. For reasons that ought to be obvious.

As for Israel's opportunities elsewhere: if RA hasn't acted reasonably (as some contend), why will no one else give him a job?

 

[Kenny Powers]

The bush lawyer in me understands that you have a duty to mitigate your losses find another playing contract. This could prove very hard as basically Peter Beattie has said he is not welcome in Rugby League, and France and England look like they might not accept him.

So Rugby Australia could be up for the entire value of the contract and potentially future earnings (beyond the contract) if Folau's team came bring reputational risk into the equation.