LIVE

    Folau's code of conduct hearing begins

    2019-05-04 07:28

    Sydney - A divisive code of conduct hearing kicked off on Saturday as Israel Folau challenged Rugby Australia's intention to tear up his lucrative contract over homophobic comments, with experts warning of a protracted legal battle.

    The devoutly religious Folau was informed last month of plans to terminate his multi-year, multi-million-dollar deal after he posted on social media that "hell awaits" gay people.

    It followed a similar row last year, when he escaped with a warning.

    This time Rugby Australia and the NSW Rugby Union made clear they have had enough, issuing him with a "high-level" breach notice under the player code of conduct.

    Super Rugby's all-time record try scorer and one of the sport's highest-profile players opted to challenge it through a tribunal.

    The hearing started in Sydney with Folau and Rugby Australia chief Raelene Castle making no comment as they entered.

    Sunday has been reserved as an extra day should it be needed.

    Submissions and evidence from both sides will be heard behind closed doors by a three-member panel chaired by John West, an employment law expert and senior counsel.

    It will then decide what punishment, if any, is appropriate - ranging from a fine to a suspension or the sack.

    Either way, Rugby Australia has said a decision is not expected this weekend.

    Legal experts said the case would almost certainly go to an appeal whichever way it went, and then potentially to the courts for a lengthy, and costly, fight that could set a precedent for how much control sporting bodies have over athletes' public pronouncements

    Giuseppe Carabetta, an employment law expert at the University of Sydney's Business School, described the case as a "perfect storm of conflicting religious, corporate sponsorship and moral issues".

    "The Folau case may eventually involve not only RA's code of conduct but also aspects of contract law, anti-discrimination laws and employee rights under the Fair Work Act," said Carabetta.

    "The case may well have a very long way to run."

    Folau is set to argue that Rugby Australia did not include a specific social media clause in the four-year contract he signed in February and his posts were merely passages from the Bible and not directly his words.

    The governing body is expected to counter that even if there is no clause, he seriously breached its broader code of conduct policy and its inclusion policy.

    The player is likely to argue that rugby's "inclusion for all" should also take into account strong religious beliefs.

    The controversy has overshadowed Australia's World Cup preparations, with Wallabies coach Michael Cheika vowing not to select Folau over his "disrespectful" comments.

    Others in the Wallabies camp have also criticised Folau but some, particularly from Pacific Islands backgrounds, have reportedly been angered because they feel their religion is under attack.

    Read News24’s Comments Policy

    Live Video Streaming
    Video Highlights
    Sport Talk
    Breaking News

    Fixtures

    Saturday, 04 May 2019
    • Hurricanes v Rebels, Westpac Stadium 07:15
    • Highlanders v Chiefs, Forsyth Barr Stadium 09:35
    • Brumbies v Blues, GIO Stadium 11:45
    • Bulls v Waratahs, Loftus Versfeld 15:05
    • Jaguares v Stormers, Estadio Jose Amalfitani 21:40
    Friday, 10 May 2019
    • Blues v Hurricanes, Eden Park 09:35
    • Rebels v Reds, AAMI Park 11:45
    • Bulls v Crusaders, Loftus Versfeld 19:10
    Saturday, 11 May 2019
    • Highlanders v Jaguares, Forsyth Barr Stadium 07:15
    • Chiefs v Sharks, FMG Stadium Waikato 09:35
    • Lions v Waratahs, Emirates Airline Park 15:05

    Results

    03 May 2019
    27 April 2019
    26 April 2019
    20 April 2019
    19 April 2019
    13 April 2019
    12 April 2019
    06 April 2019
    05 April 2019
    30 March 2019
    29 March 2019
    24 March 2019
    23 March 2019
    22 March 2019
    16 March 2019
    15 March 2019
    09 March 2019
    08 March 2019
    02 March 2019
    01 March 2019
    23 February 2019
    22 February 2019
    16 February 2019
    15 February 2019

    Logs

    Rank Team P W Pts
    • Sharks (Q)
    • Bulls (wc)
    • Jaguares (wc)
    • Stormers (wc)
    • Lions

    Opinion Poll

    Which of the 4 South African team will finish with the fewest Super Rugby SA Conference points?

    Can you name the top Super Rugby tryscorers of all-time?

    TAKE THE QUIZ
    There are new stories on the homepage. Click here to see them.