One thing is abundantly clear from this excerpt of a column in this morning's Australian.
The section about Castles sworn evidence is relevant. On the day of the posting she spoke with coach Cheika, who told her he wouldn't select Folau in the Wallabies, and the same day was giving feedback to, and getting riding instructions from Qantas - just a few days after RA had commenced sensitive sponsorship renewal negotiations with Qantas. Castle even sent a draft of her statement to Qantas, presumably for approval.
There are three Rules of Natural Justice ( or procedural fairness) that administrators must always abide by. There is evidence to suggest RA breached two of them. First, there is a duty on a decision maker not to proceed with actual or perceived bias. Second, an administrator or adjudicator must give a respondent a fair opportunity to respond and answer allegations before arriving at a decision ( the Audi Alterem Partem rule). Castles own evidence suggests Folau's fate was sealed within 24 hours of the posting. It is unlikely any panel of "independent arbiters" would derogate from RAs intended outcome - after all, they pay the bills and provide future work.
The consequence of failing to abide by the Rules of Natural Justice is that the decision is void; even if the outcome is correct on other grounds. In other words, a breach of the rules of natural justice is a complete defence. It is a fatal flaw often committed by civil administrative bodies.
