A few commentators, ignorant of the law, endorse Folau's sacking by Rugby Australia, and consider the matter over as he didn't appeal. They agree with RAs assessment that it was a simple contractual issue, Folau breached it and - in the Orwellian language the left love - say "actions have consequences".
In fact, as I have stated here several times, Folau is better off saving his money and avoiding the RA tribunal appeal system on two grounds. First, tribunal members are unlikely to jeapordise their lucrative jobs by upsetting their employer, RA. More importantly, any tribunal has limited powers - insofar as they cannot adjudicate on Folau's main defences. Only a real Court can do that. So, expect Folau to commence proceedings soon in either the NSW Supreme Court, or the Federal Court. He has a very strong case. The contract was breached, yes, but more likely by RA, not Folau.
First, RA clearly denied him natural justice. I handled many natural justice cases in the Courts in my career. This is clear cut. R A announced the charge, found him guilty and foreshadowed terminating him even before the charges were served on him. He coach also said he wouldnt have him back. Can't do that.
Second, Section 772 of the Fair Work Act states as follows
sub-section f is relevant. There are some exemptions in this section, but none are relevant
Third, Australia is a signatory to, and has been bound by, the International Covenant on Civil and Political Rights since 13 November 1980. That treaty is given effect to in our Courts. Article 18 is quite clear
Folau has engaged highly regarded employment law legal specialists to his case. I expect their advice to him has made him quietly confident.
