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
The problem is the officiating & changing rulings,& TMOs.Last weekend I saw a 9 penalized for a crooked scrum feed! the last time I saw that rule applied was In about 1975!!!!!!!!.Late or not the incident is history & Australians alleging that Kiwi rugby supporters wear eye patches is a bit rich.Try listening to Australian Commentators.Every new player who has an above average game is suddenly the next great sensation.
19 Go to commentsEvery Irish fan in the stadium celebrated like they had won the tournament after the SA and Scotland games so yeah, the way Etzebeth tells it stacks up. It was definitely ‘In Their Heads’!
53 Go to commentsEtsebeth is right about 1 thing. Boks after winning a RWC have been crap. Only in 2009 did they reach the heights of what a RWC Champion should look like but that was only after 3rd/last in the TriN 2008. Lost a home series in 1996 (vs ABs); didnt win even 1 x Rugby Championship after 2019. ABs and Wallabies and England at least played like Champions after winning RWC.
53 Go to commentsCrusaders will knock one of the top seeds out in the first round, hope it’s not my Chiefs
27 Go to commentsEben really seems like just a deeply unpleasant man.
53 Go to commentsDMac. BB crabs too much at 10.
2 Go to commentsIt is every boys dream to be a Springbok. I managed it in a discipline other than rugby…But rugby, I have always engaged with passion. It does my old heart good to see the mix of people in the team and this displays the possibilities for this wonderful country. The logo “stronger together” says it all. This current edition of the Boks is nothing short of inspirational.
3 Go to commentsIrish people about the best damn people on the planet. OK, in the NH. Fijians are the World’s best happiest friendliest people. But as far as European cultures producing good people, Ireland stands alone. But on the rugby pitch there is a creeping arrogance that has detached from humility. eg Sexton abusing a match referee, and not for the 1st time. He was extremely lucky to make it to the RWC, strings were pulled. And O’Mahoneys sledge to Cane was lowballing, attacking an opposition Captain seems opportunistic and gutter talk. Cane is a real gentleman. Have never seen ABs unleash after the whistle like they did on O’Mahoney after QterF, it was well deserved. Unlike Bok supporters, the Bok players understand history. Massive amount of respect between Boks and ABs is evident, they get on well and have throughout history. Even Pinetree Meads best mate (except his old cobber Kel Tremain) were Springboks, friendships forged after tours. And Meads was always targetted given his star status (he even played 2 x Tests with a broken arm). On the contrary, ABs and Wallabies famously dont get on, bad blood after Aussies not taking offer of beersies postmatch.
53 Go to commentsHaha god NZ journalism is so crap listen to this guy “We’ll be proven in a few weeks if our baseless bs can stick” lol Everywhere else uses experts to write stuff but here they’re just career guys that don’t care about what they write, NOT CONCEDED A TRY IN YEARS lol > “Naturally, you’re looking for performance, sometimes that means you can’t think logically or use evidence to arrive at any sort of clarity of decision. Pretty much sums it up to a tee Paul ignores the articles in here about then runs off each team this year, that Penney is just a yearly stop gap until, who, Ellison is released by ABs, the huge imbalance of the injury front between teams at each end of the table, or who it was that _should_ have been coach. But of course if they actually do evidence and investigative work theyre shy of their article not hitting that sensationalism boundary and lose revenue. Leaving us non the wiser. They look like they would have been best with a geeup coach this year to turn around the razorless depression the clubs obviously going through. Hard to think of someone fitting the Bill to have been chosen instead, the clown Cheika? Id have been tempted to double play and entice O’Gara down. Hell maybe that is who they are waiting for, he wants a international gig and it could be after Scmidt or razor
27 Go to comments_Dan Carter weighs in on who should be Scott Robertson's All Black 10_ Dan: “It’s a toss up between Beudy and Dmac, although Mounga would be nice - but he can’t… so…” The Rugby Public: “Thanks Dan. For nuthin!”
2 Go to commentsEngland did this way back for the Croke Park match in the 2000’s. The shame actually seemed to weigh on them during the match. It will not be easy for Northhampton players to rationalize how their army went into a stadium of a major city of the then United Kingdom and opened fire indiscriminantly into terraces killed 14 and wounding scores. I am sure with a pro setup they will get this balance right. I live beside the stadium. A very old woman on the street remembers as a very young girl the crowds of people filling the street to escape the massacre. A lot of water under the bridge and the match has really little historical relevance for Irish/Leinster supporters any more. Those ghosts were freed in the trashing of England in the 2000’s match. Sure, it will motivate Leinster but Northhampton should not overly consider it or weigh on it in my opinion. Dowson is right to learn the historical importance and Northhampton are indeed giving the occasion due respect. It is important to show respect. But that’s enough for Northhampton. Fair play to them. On to the rugby now.
16 Go to commentsDouble World Cup Champions ? Wow since when did 4 become 2!
212 Go to comments“See you in the final” from a winning (Irish) team is just away of wishing a team well for the rest of the tournament. It’s actually saying I hope we both make it to the final. Etzebeth was the only player who PUBLICLY said that his team would make the final after that match. Does anyone honestly think Ireland who took 100 years to beat NZ and got hammerred by them in 2019 would for the slightest moment not take the perilous threat as seriously as it should be taken? Getting sick of Boks and Kiwis who spend all year every year trying boasting about how great and humble they are and then accusing others of arrogance. Respect people by trying to understand them before hitting a pretty humble people with this crap.
53 Go to commentsThe feelings of gratitude I feel when thinking about the Boks is difficult to describe. It really means a lot to people here. I would flat out ask Ox for a big hug if I met him in person. And then probably pass out after the squeeze. Totally worth it.
3 Go to commentsFarrell seems to be an outstanding coach and Ireland a very well prepared team. But they looked like they had no plan B against NZ. Maybe they really were looking past them, as Eben says.
53 Go to commentsMaybe if you come once in your life in France you won’t writte so much nonsense 🙃
1 Go to commentsWhy did they kill 14 people at a gaelic football match? What had happened earlier that day? Dowson sounds absolutely pathetic, believing what the Irish say about his people, rather than believing what his people say about the Irish.
16 Go to commentsI haven't really experienced the Irish as arrogant but I guess the players maybe got ahead of themselves after a big win. Just thought it being Ireland and their love afair with WC QF exits and it being the ABs maybe they would have taken it a bit more seriously. Maybe they did and just lost anyways, who knows.
53 Go to commentsNot surprising, they tend to get very carried away with themselves very quickly. I’ve never seen a team so devastated at the final whistle than those irish players in that QF, you’d think they had lost the final.
53 Go to commentsJust a roundabout way of claiming to great fun. Self -praise is no praise, frenchie.
1 Go to comments