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Personal behaviour vs employment

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think positive Libra

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Joined: 30 Jun 2005
Location: somewhere

PostPosted: Thu Dec 05, 2019 6:40 am
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Hopefully not, no clause in his contract?
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David Libra

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Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Thu Dec 05, 2019 9:27 am
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K wrote:
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."


I echo their disappointment – while I’m glad that RA had to cough up, the fact that no precedent was set is a huge letdown. Guess it was about greed all along for Folau.

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Jezza Taurus

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Joined: 06 Sep 2010
Location: Ponsford End

PostPosted: Fri Dec 06, 2019 9:49 pm
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^ I feel the same. I would've loved to have seen the matter tested in court.
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Pies4shaw Leo

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Joined: 08 Oct 2007


PostPosted: Fri Dec 06, 2019 11:05 pm
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Employment lawyers who think that it is “disappointing” that other people’s clients didn’t go on to spend many hundreds of thousands of dollars each to obtain a cute precedent need to TAGHLAT.
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K 



Joined: 09 Sep 2011


PostPosted: Fri Dec 06, 2019 11:13 pm
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But isn't it poor folk like us (excluding you, of course) who need clarity on laws, partly through precedents? We are frozen out of the justice system through lack of money.
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David Libra

I dare you to try


Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Fri Dec 06, 2019 11:23 pm
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Pies4shaw wrote:
Employment lawyers who think that it is “disappointing” that other people’s clients didn’t go on to spend many hundreds of thousands of dollars each to obtain a cute precedent need to TAGHLAT.


Perhaps it’s a bit cavalier to want a court case to serve an abstract idea, but I feel like cases like these are of some genuine national importance, particularly when civil liberties are under sustained threat and the ground underneath the struggle between employer power and workplace rights is shifting so significantly. I don’t think it’s an exaggeration to say that this would have been a landmark case.

In any case, even if all that’s a sideshow, the idea of both Rugby Australia and Folau flushing their riches down the toilet seems like a no-lose situation.

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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Sat Dec 07, 2019 9:19 am
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^
I think you over estimate the level of precedent this could have made and it's impact on average Jack or Jill.

The federal court would have been likely ruling on whether the termination of employment was illegal under section 772 of the fair work act and it's associated regulations, specifically on the point of religion.

It's extremely unlikely to have made any ruling around the amount of power an employer holds over their employees actions in their private life and, even if they did, because of the specifics of this case they would be unlikely to have application to the average punter and nor would the average punter be able to leverage it in any way without legal advice.

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Wokko Pisces

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Joined: 04 Oct 2005


PostPosted: Sat Dec 07, 2019 12:19 pm
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Bit harsh to expect someone to walk away from what is rumoured to be around $10M to satisfy a higher morality. The guy might not be able to work again (barring the odd appearance for Samoa) because of virtue signalling twats in various Rugby and League organizations. He has to think of his family and future.
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David Libra

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Joined: 27 Jul 2003
Location: Andromeda

PostPosted: Thu Nov 11, 2021 11:21 am
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The ghost of the Folau case lives on – now it's one of the key components of a government anti-discrimination bill.

https://www.theguardian.com/australia-news/2021/nov/03/coalition-split-over-religious-discrimination-bill-with-one-mp-having-serious-concerns-over-folau-clause

Quote:
The Australian Christian Lobby has boasted it successfully pressured the government into including a Folau clause – a provision that would legally protect an individual from having their employment terminated as a result of them expressing their religious views. The issue gained prominence after footballer Israel Folau was sacked by Rugby Australia for social media posts suggesting homosexuals, adulterers, atheists and other “sinners” would go to hell.

Liberal MP Warren Entsch, who attended one of a number of briefings with Cash this week, said he did not support the Folau clause.

“I just have serious concerns about a number of issues in relation to it [the bill] and the Folau clause is a major concern,” Entsch told Guardian Australia.

He said his position had not changed after previously indicating he would not support a bill that “reimposed” any discrimination through a religious discrimination act.

Other MPs and senators, including Andrew Bragg, Dean Smith, Tim Wilson and Dave Sharma are understood to hold similar reservations.


Needless to say, I hope this gets through. And I do wonder at some of the motivations of those holding out – one might presume that Tim Wilson, for instance, "holds reservations" due to his own sexuality and support of gay rights, but isn't it equally likely that he just thinks (as his former employer the IPA does) employers should be able to sack workers for any reason they like?

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