Personal behaviour vs employment

[David]

[stui magpie]

^

I read about that earlier today on a different news site, and laughed

[K]

[think positive]

this is very true, never mix money and family or friends.

[KenH]

My son works with me and I can say that he is the best thing for my business! I don't have any reason to believe that this is a bad decision for either of us.

[stui magpie]

^

If I worked my Son for an extended period, one of us would die. Short bursts, few hours or few days is fine, every day day after day.............

[KenH]

[K]

"The $14 million figure was increased from $10 million in an amended statement of claim lodged in the Federal Circuit Court on Wednesday as part of his ongoing legal battle with Rugby Australia and the NSW Waratahs.
...

After a confidential mediation in the Federal Circuit Court on Wednesday, Folau’s lawyer George Haros said "a significant body of evidence... including expert evidence" supported the rise in the claim to $14 million.
...

"It was a breach of the player contract for Rugby Australia and Rugby NSW to terminate the player contract in the absence of any valid finding by the tribunal."

The amended statement of claim states that Rugby Australia and Rugby NSW "acted together in effecting Folau's termination, naming chief executives "Ms Raelene Castle for Rugby Australia" and "Mr Andrew Hore for Rugby NSW".

It further states that, before a tribunal hearing was held into Folau's conduct, "a senior player had told Ms Castle and [coach Michael] Cheika that the termination of Mr Folau was likely to cause division amongst the Wallabies"."

https://www.smh.com.au/sport/israel-folau-in-new-14m-compensation-claim-against-rugby-australia-20191127-p53ekl.html

[think positive]

[K]

Rugby Australia and Israel Folau reach settlement, both apologise 'for any hurt or harm caused'

https://www.smh.com.au/sport/rugby-union/rugby-australia-reaches-settlement-with-folau-20191204-p53gr6.html

"Rugby Australia has avoided a costly and potentially embarrassing legal trial after reaching a settlement agreement with sacked Wallaby Israel Folau.

After 14 hours of negotiations, RA apologised to Folau and his family, saying "while it was not Rugby Australia's intention, Rugby Australia acknowledges and apologises for any hurt or harm caused to the Folaus".
...

Folau and his team were delighted with the outcome, a source close to his camp said.
...

Both the Waratahs and RA have taken out limited liability insurance but it remains to be seen how much will be covered by the policies."

[K]

Folau 'vindicated' after calling truce, Rugby Australia says decision would give 'certainty'

https://www.smh.com.au/sport/rugby-union/folau-vindicated-after-calling-truce-rugby-australia-says-decision-would-give-certainty-20191204-p53gwx.html

"Rugby Australia is likely to have agreed to pay out a "significant amount of money" to sacked Wallaby Israel Folau ..., a workplace law expert said.
...

RMIT professor of workplace law Anthony Forsyth said it was highly likely the deal included a hefty financial pay out for the 74-Test fullback...

"Given that he upped his claim to $14 million last week you'd have to expect that a significant amount of money has been paid," Professor Forsyth said.

"It should also been borne in mind that although Rugby Australia apologised, they actually apologised to each other. That's a mutually agreed conclusion, so nothing much should be drawn from that."
...

Professor Forsyth said the joint statement was standard for cases in which confidential settlements were agreed upon.

"I was expecting that it would go all the way mainly because he had such significant backing from the ACL and other people on board with his cause," he said.

"I thought he was on a bit of a crusade to be proven right with that significant backing and I'm a little surprised that he's settled, but you can't really work that much out from the wording of the statement."
..."

[stui magpie]

Standard operational procedure.

Pay him money to go away, reducing the expense of fighting a case in court, mitigating the publicity from an ongoing battle and also mitigating the risk of him being awarded more.

Mutual non-disparagement clause as evidenced by the statements, confidentiality clause, I expect this also draws a line under their employment relationship meaning he won't be playing Rugby in Australia again but I'd also expect they've conceded to drop any objection to him playing elsewhere

[think positive]

hopefully thats the last we see of him!

[watt price tully]

[K]

Little clarity or comfort from conclusion of ugly Folau dispute

https://www.smh.com.au/sport/rugby-union/little-clarity-or-comfort-from-conclusion-of-ugly-folau-dispute-20191204-p53gxb.html

" "This is really disappointing for employment lawyers," one of the Deakin panel experts, RMIT's Professor of Workplace Law Anthony Forsyth, told the Herald.

"What would have been good would have been to get a decision in this clash about the rights of employers to control employees' speech through codes and workplace policies.

"This was a case that was going to determine whether discrimination law could be used to contest that creeping increase in employer control.

"But we don't have an outcome that determines that, so it remains a bit up in the air."
...

Neither Folau's team, RA nor the Waratahs would comment on the financial settlement. But, given the decorated dual international was only in the first six months of a four-year contract worth $5.7 million, a figure worth close to the balance unpaid - about $5 million - was, in legal circles, considered a reasonable estimate of where the parties could have reached agreement."