Folau set to seek $10 million in damages from Rugby Australia
Israel Folau will seek up to $10 million in damages if his sacking is deemed unlawful in the Federal Court, the Herald has been told.
In documents filed with the Fair Work Commission on Thursday and obtained by the Herald, Folau will seek to have his May 20 sacking deemed unlawful. He will pursue damages including the value of his $5 million contract as well as the monetary value of other lost opportunities.
A source close to Folau's team has indicated that could add as much as $5 million on to his damages claim, taking the total bill to $10 million. It is a figure that could bankrupt Rugby Australia and the Waratahs.
"The termination has cost Mr Folau the best years of his rugby career, participation at the Rugby World Cup, the chance to become the greatest Wallaby try-scorer (a decades-old record he was likely to break), and the associated exposure and opportunities," Folau's application stated.
"As well as around $5 million in lost salary, Mr Folau will claim in respect of the loss of these opportunities (renewal of contract, sponsorships, etc).
"The damages will be particularised in due course, but will be substantial. In addition, Mr Folau
will seek civil penalties."
Folau is challenging his sacking under section 772 of the Fair Work Act, which prohibits an individual's employment being terminated on the basis of religion.
A statement released on Thursday said Folau had filed applications to have his case heard in the first instance by the Fair Work Commission. If the parties cannot reach a resolution, the commission will issue a certificate to that effect, paving the way for Folau to take his claim to the Federal Court.
The 73-Test Wallaby's four-year contract was torn up on May 20 after a three-person independent panel found his April 10 Instagram post – proclaiming homosexuals, among other groups, would go to hell – amounted to a high-level breach of the code of conduct.
In a statement, Folau said he felt his treatment by RA and the Waratahs had left him no choice but to stand up for his beliefs.
"I will forever be grateful and proud to have played the sport I love for our nation. Ours is an amazing country built on important principles, including freedom of religion. A nation made up of so many different faiths and cultural backgrounds will never be truly rich unless this freedom applies to all of us," he said.
"The messages of support we have received over these difficult few weeks have made me realise there are many Australians who feel their fundamental rights are being steadily eroded.
"No Australian of any faith should be fired for practising their religion."