Israel Folau vs Rugby Australia – the legal arguments

As the Fair Work Commission continues to hear a case brought by Israel Folau, a University of Sydney Business School researcher says the onus is now on Rugby Australia to “rebut the presumption that religion was behind the termination of the star player’s contract”. 

“That is a heavy burden but RA will argue that it had a legitimate reason for termination – namely breach of its code,” said senior lecturer in business law, Giuseppe Carabetta. “Folau may argue that the code is invalid as it goes beyond what a contract can control.”

Folau was sacked after a series of what were described by Rugby Australia as offensive social media posts. The termination has led to a number of questions relating to contract law, religious discrimination and the freedom of speech in Australia.

/Public Release.