Rugby Australia vs. Israel Folau; A fight that the game does not need
The recent social media posting by Wallabies star Israel Folau sermonizing most of us are hell-bound, pending our repentance, was an act of sheer stupidity that has left the 73-test match veteran’s professional sporting career in a precarious position.
His employer, Rugby Australia, only months ago retained Folau’s services by signing him to a four-year multi-million-dollar contract. They have now issued him with a Code of Conduct Breach Notice, the first step towards terminating his employment as a result of that social media post.
In her address to the media today, Rugby Australia CEO Raelene Castle articulated that the disciplinary action taken by Rugby Australia was not religiously motivated, but one based upon the Code of Conduct and the relationship between Israel Folau and Rugby Australia.
“This is not a religious discussion this is a discussion around the employee-employer relationship and the values and contractual arrangements within that agreement. That’s the basis on which we’ve served him a breach notice,” Castle said.
That is the framework upon which Rugby Australia wants to fight its battle.
It is further reported by Fairfax that Folau did not have a clause in his new contract about his use of social media specifically yet Castle said that “Not within the contract, but there was a number of meetings, documented meetings, that were put … verbally and in writing to Israel about our expectations,” to which Castle stated that Folau agreed.
Why this was not specifically put into the new contract? Rugby Australia wanted Israel Folau to refrain from communicating in a way that would be disrespectful towards a person based upon their sexuality so why take notes about expectations, why not just put it in the new contract?
Perhaps placing such clear restrictions could be discriminatory towards Israel Folau as it was likely that any communication conducted would be through the vehicle of social media about his own religious beliefs that are clearly disrespectful towards homosexuals.
Perhaps placing such a clause in his contract would confirm something that is becoming quite apparent that religion is very much at the centre of this saga and the ability for an individual to express his religious beliefs despite his employment Code of Conduct differing.
This is not the framework that Rugby Australia wants to fight this battle.
It was reported in Stuff.co.nz that Maurice Blackburn principal lawyer Kamal Farouque agreed Folau could make a claim of alleged unlawful termination on the basis of his religion under the Fair Work Act. He said other arguments might also be made depending on the wording of his contract.
Furthermore, it would appear that if both Raelene Castle and Israel Folau agree on the facts as articulated by the Rugby Australia CEO, that may constitute a verbal contract. But would that verbal contract now be superseded by the current signed contract thus making the verbal contract void? A contract that does not appear to include the expectations expressed by Raelene Castle.
This matter is likely headed for the courts yet what is patently obvious is this saga is a fight that Rugby Australia simply does not need to be in.
This decision by Rugby Australia opens the door to the debate about religious freedoms, and the freedom of speech. In making their intentions clear Rugby Australia has now placed itself in its own precarious position, as since the time Noah took up boat building, humans have had differing thoughts and opinions on everything. Surely Rugby Australia are aware of that?
Yet now it appears Rugby Australia are saying certain thoughts and opinions can have you sacked. I was unaware Rugby Australia was turning into a politically correct gulag.
To be clear I am not for the manner in which Folau communicates his faith. To pick a particular Bible passage and publish it along with other material in the post was incredibly insensitive and stupid. A person of his public standing should know better, especially seeing that such behaviour has previously brought the ire of the Rugby Community.
Broadly speaking no person should not be sacked from a job based upon their individual moral or religious beliefs if it does not constitute a serious criminal offence. The game of Rugby has in the not too distant past has dealt with incidents that are in breach of Codes of Conduct that have not resulted in the sacking of the player involved.
Consider former English prop forward Joe Marler, who has had his own social media retorts to Israel Folau recently. Marler himself was involved in a culturally insensitive incident with Welsh prop Samson Lee. In 2016 during a match between England and Wales, Marler called Lee ‘Gypsy boy’, understood to be a derogatory term towards Welsh people.
A judicial committee later found Marler had used “unsporting and discriminatory language towards Lee” and he had, by his actions, “breached World Rugby Regulation 20 (which covers statements that are unsporting, insulting and/or discriminatory by reason of race or ethnic origin) and the code of conduct and brought the game into disrepute.” Marler was fined £20,000 and banned for two matches.
Closer to home, what about Folau’s Waratah and Wallaby teammate Kurtley Beale. In 2014 Beale was embroiled in a distasteful situation with Di Patston, a then-employee of the Australian Rugby Union. It is understood that the issue arose out of an image and a message sent via telecommunications.
Patston later told Fox Sports, “People don’t see that side of it. They don’t see there’s a level of feeling degraded, feeling like you’re worthless. And he actually admits to sending it twice.
“I’m not good. Life is probably the worst it has ever been. I’m alive but there have been times I haven’t wanted to be here.”
Beale was fined $45,000 by the Australian Rugby Union.
As insensitive as that particular social media post by Folau was, is it worse than the incidents concerning Joe Marler and Kurtley Beale? It would appear that Rugby Australia tends to believe so.
Has Rugby Australia considered what impact that may have on other persons of faith within the Australian Rugby Community? Particularly those of Polynesian heritage? Have they considered other persons of faith within the Wallabies themselves who overtly draw the cross of Christ on their wrist tape?
Rugby Australia would be aware that there are over a billion Christians on this planet and the Bible is a central part of the faith, yet by default in intending to sack Israel Folau, Rugby Australia is implying to other Christian players to not openly talk about aspects of their faith. They are in effect muzzling what contracted players can and can’t say about one of the most personal beliefs any person could have.
This is a fight Rugby Australia does not need to be in. Rugby Australia should not place itself as a judge of morality but perhaps use its role as an arbiter between the communities that make up the broader rugby community be it the LGBTI, conservative Christian or the over 45-year-old, tall storytelling, regular schooner drinking community to which I belong.
Rugby is a game that innately makes you more resilient as an individual but it is also a game that brings us together. I’m not sure if sacking Israel Folau would actually achieve the latter. It is an unenviable task Rugby Australia has ahead of them but they should act with prudence, compassion, and understanding.
As should have Israel Folau.
Rugby World Cup stadium guide – Tokyo:
Comments on RugbyPass
I question and with respect. Was enough done over the last few years to bring through new blood knowing the Whitelocks and co couldn’t last forever. There should have been more done to future proof the team. New squad new coach, he and they weren’t set up well. IMO
6 Go to commentsJacobsen will definitely be in the 23
2 Go to commentsLots of discussion points, Ben, but two glaring follies IMO: 1. Blackadder at 6. Has done nothing so far this season to justify his selection. Did you see him going backwards in contact at the weekend? Simply has not got the physical presence at 6: we need a Scott Barrett or a Finau (or wildcard Ah Kuoi), beasts who are big enough to play lock, like Frizzell. If Barret played at 6, Paddy could be joined at lock by Vai’i or one of the young giants we need to promote, like Darry or Lord (if he ever gets on the field). Blackadder best left to join the queue for 7. 2. Not even a mention for Christie? Ratima gets caught at crucial times at the back of the ruck when he hesitates on the pass. The only way he starts would be if Christie and TJ are injured.
2 Go to commentsWhat a dagg in more ways than one
6 Go to commentsRegroup come back next year but sack some of the coaching team and don't be like the ABs last minute sacking. If Crusaders don't do well ABs don't do well.
5 Go to commentsProctor Definitely inform again this year had a hell of a season last year and this year is looking even better. Still mixed feelings about Ioane tho.
4 Go to commentsDagg is still trying to get enough headlines to make himself relevant enough to get a job. The Crusaders went back to square one at all levels. Shelve this season and nail the next one.
6 Go to commentsHe was in such great form. Sad for him but only a short term injury and it will be great to see him back for the finals.
1 Go to commentsAfter their 5/0 start, I had the Crusaders to finish Top 4 only…they lost the plot in Perth but will reload and back themselves vs 4th placed Rebels…
5 Go to commentsBoth nations missed a great opportunity to book a game that would have had a lot of interest from around the world. I understand these games can’t be organised in 5 minutes but they should have found a way to make it happen. I don’t think Wales are ducking anyone but it’s a bad look haha.
3 Go to commentsIt will be fascinating to see the effect that Jo Yapp has. If they can compete with Canada and give BFs a run for their money that will be progress
1 Go to commentsFollowing his dream and putting in the work. Go well young fella!
3 Go to commentsPerhaps filling Twickenham is one of Mitchell’s KPIs. I doubt whether both September matches will be at Twickenham on consecutive weekends. I would take the BF one to a large provincial stadium so as not to give them the advantage and experience of playing at Twickenham before a large crowd prior to the RWC.
3 Go to commentsvery unfortunate for Kitshoff, but big opportunity potentially for Nché to prove he is genuinely the best loosehead in the world, rather than just a specialist finisher. Presuming that if Kitshoff is out, it will also give Steenekamp a chance to come into the 23? Or are others likely to be ahead of him?
1 Go to commentsA long held question in popular culture asks if art imitates life or does the latter influence the former? Over this 6 nations I can ask the same question of the media influencing the thoughts of its audience or vice versa. Nobody wants to see cricket scores in rugby, as a spectacle it is not sustainable. With so many articles about England’s procession and lack of competition it feeds the epicaricacy of many looking for an opportunity to pounce. England are not the first team to dominate nor does it happen only in rugby, think Federer, Nadal, Red Bull or Mercedes, Manchester Utd, Australia in tests and World Cups. Instead of celebrating the achievements why find reasons to falsify it pointing towards larger playing pool, professional for a longer period or mitigate with the lack of growth in other nations. Can we not enjoy it while it is here and know that it won’t last for ever, others coveting what England have will soon take the crown, ask the aforementioned?
6 Go to commentsShame he won’t turn out for the Netherlands now they’re improving. U20s are Euro champs and in the U20 Trophy this year. The senior sides gets better every year too.
3 Go to commentsWill rugbypass tv be showing these games?
1 Go to commentsWell where do you start, the fact that England have a professional domestic league and Ireland’s is fully amatuer, that they have fully seperated professional squads at Fifteens and Sevens (7’s thinly disguised as GB), and Ireland have fully pro Sevens squad who loan some players back to the Semi-Professional Fifteens squad (moved from amateur for only a year or so) for a few games at 6N & RWC’s. The Women’s games is a shambles, and is at risk of killing itself by pushing for professionalism when the market isn’t really there to support it outside one or two countnries..
6 Go to commentsWayne Smith's input didn't have as much impact on the last final as Davison's red card for Thompson. England were 14 points up and flying when that happened.
6 Go to commentsBilly's been playing consistently well for 2 - 3 seasons now and deserves a look in at the top level. Ioane and ALB are still first choice but there needs to be injury cover and succession. His partnership with Jordie gives him first dibs you'd think. Go the Hurricanes.
4 Go to comments