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Folau launches legal action against Rugby Australia

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Lawyers for dumped Wallabies star Israel Folau have lodged an unfair dismissal claim against Rugby Australia.

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Applications were filed with the Fair Work Commission on Thursday against both the NSW Rugby Union and the national governing body following Folau’s sacking last month after his controversial social media posts on his religious beliefs.

Having been warned last year by RA boss Raelene Castle, the 30-year-old dual international posted a bible passage on Instagram proclaiming hell awaits “drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters” unless they repent their sins.

“No Australian of any faith should be fired for practising their religion,” Folau said in a statement.

After an epic code-of-conduct hearing stretching 22 hours over three days and featuring some of the sharpest legal minds in Australia, RA and the Waratahs terminated Folau’s multi-million-dollar contract on May 17 citing a “high-level” breach of his contract.

Folau had 72 hours to appeal the judicial panel’s decision at a second code of contract hearing, but opted against doing so, saying he had lost faith in RA’s ability to treat him fairly or lawfully.

Folau will now argue that under the Fair Work Act his employment was unlawfully terminated because of his religion.

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“I will forever be grateful and proud to have played the sport I love for our nation,” he said.

“Ours is an amazing country built on important principles, including freedom of religion.

“A nation made up of so many different faiths and cultural backgrounds will never be truly rich unless this freedom applies to all of us.”

Documents lodged with the commission claim the sacking meant Folau was prevented from playing at the peak of his career and on the cusp of a Rugby World Cup, which would have generated greater exposure and opportunities.

“The messages of support we have received over these difficult few weeks have made me realise there are many Australians who feel their fundamental rights are being steadily eroded,” Folau said.

At the time of the sacking, Rugby Australia chief executive Raelene Castle said it was a sad day for the sport to terminate the Wallabies’ three-time player of the year and Super Rugby’s all-time leading try-scorer.

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Phantom 34 minutes ago
Nations Championship: 'The data shows the north has finally caught up with the south'

Fact: the gap between the North and the South has narrowed considerably - that I get. However, determining that only selecting only Home grown players or playing in the home country is is the optimal strategy is a bit of a toss up and highly reliant on the economies of the home union. I do understand that England and to a lesser degree Ireland selects home based only. The top 14 is a massive threat to their domestic product. France would probably not be affected (the money is at home). Fiji, Argentina, Samoa, Italy and you could even argue Scotland have only benefitted from this. Their players either go overseas to learn at higher levels (Fiji, Samoa, Argentina) or players coming into their leagues to strengthen the home product and their National teams (Scotland, Italy, Japan).

South Africa used to limit its selection to the home based players, but the reality of a weak currency vs what players could earn oversees meant that you lost access to your best players at some stage of their careers, with very few exceptions. Kolbe left SA as he was considered too small for International Rugby (yes coaches/selectors view), but ironically in France he forced selectors to notice his endeavors and select him. He is only reaching 50 caps now despite being north of 30 - granted rotation and the odd injury also played a role, but for the most part it is having debuted or becoming a regular so late.



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