Personal behaviour vs employment

[think positive]

[K]

RA would have needed crystal ball to predict second post, says Castle

https://www.smh.com.au/sport/rugby-union/ra-would-have-needed-crystal-ball-to-predict-second-post-says-castle-20190518-p51oqu.html


Castle: "We would have also liked an additional clause that gave us extra protection, but the reality is this is a collective agreement and you can’t add clauses that are to the detriment of the player.
"You can add positive clauses: more money, more shoes, more cars. But you can’t add more clauses that are detrimental to the player unless you have the players association’s and also Israel Folau’s consent."

[K]

If RA need to fire Castle, I'm wondering what the financial cost will be. I see articles like: "Castle denies being 'architect' of Bulldogs salary cap woes" from her previous job at Canterbury, but not much about her RA contract.


Oh, boy, this sounds familiar... "Bulldogs officials have revealed the club cannot be active in the transfer market until 2021 because players were offered back-ended contracts" and "the Bulldogs have already implemented a number of new signing protocols to ensure things don’t get out of hand again", but Castle said she was "very comfortable" with what happened.

[K]

' “The 72-hour window for Israel Folau to appeal his high-level Code of Conduct breach and sanction has expired,” a RA statement said.

“As Folau has not notified the panel of his intention to appeal, the Code of Conduct process has now formally concluded.

“With the Code of Conduct matter complete, Folau’s employment contract will be terminated.”

The Daily Telegraph reported on Saturday that Folau and his legal team were expected to take the landmark, high profile case to either the Supreme Court or Federal Court — a process that would be very costly for both the 30-year-old and the cash strapped national body.'


And:

'... the ATO has told revealed to The Sunday Telegraph they will be monitoring donations to the former star with reports it could be funnelled through his church ... in order to get a tax deduction.

Reports suggest Folau’s legal costs could be upwards of $1 million.'

[David]

Whatever one's thoughts happen to be on this case, it's appalling that an unfair dismissal case can cost a plaintiff so much. I'm guessing it'd be a substantially lower figure if the amount of money on the line were less (as it would be in most industries), but still, surely we can all agree that justice shouldn't just be available to those who can afford it.

[K]

Yep, and not just for unfair dismissal cases, of course, but for all legal actions.


Meanwhile, Folau: "My decision not to commence Rugby Australia’s appeal process is in no way an acceptance of the judicial panel’s findings.

"I simply do not have confidence in Rugby Australia’s ability to treat me fairly or lawfully throughout this process."

[stui magpie]

[David]

And what's your chance of winning such a case without a barrister? We all know that expensive legal advice increases one's chances of victory; otherwise why would people like Folau seek it out? Money still plays a huge role in the outcome of such cases.

[K]

And it's not like Folau is out-spending RA. It sounds like they're outspending him.

[stui magpie]

Exhibit A

[K]

RUPA to conduct 'faith and beliefs review' in wake of Folau sacking

https://www.smh.com.au/sport/rugby-union/rupa-to-conduct-faith-and-beliefs-review-in-wake-of-folau-sacking-20190521-p51pjt.html

' "RUPA notes that Rugby AU has not yet provided any clear or specific parameters to the professional playing group specifying how it expects individual professional players to express their faith and beliefs in manner acceptable to Rugby AU," the RUPA statement read.'

[David]

They should probably just stick a sign up saying that Christians, Muslims and Jews aren't welcome and be done with it.

[K]

Israel Folau's sacking shines light on confusion between athletes and sports bodies on religious expression

https://www.abc.net.au/news/2019-05-23/israel-folau-sacking-catches-out-australian-sport-rugby-union/11138902

'When Queensland Reds captain Samu Kerevi posted on social media: "Thank You Jesus for dying on the cross for me", it set off a firestorm that saw the Australian rugby union international initially apologise for the post, then clarify that he did not need to apologise.
...

Professor McCallum said the codes needed to be more specific and social media policies should be included in contracts.
...

It is a matter that could very well be tested under Australia's Fair Work Act if Folau takes his case to the Federal Court, citing religious discrimination.

"The live legal question is how far can an employer go in curbing an employee's activities outside working hours or [in their] personal lives and how do you draw that distinction in the first place," Sydney University senior lecturer in employment law Giuseppe Carabetta said.
...

Professor McCallum said the sports want certainty.

"They want your property," he said.

"They're buying you[r] body and soul." '

[K]

[David]