This could be the start of a landmark legal battle
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Israel Folau has engaged a national commercial law firm and a prominent silk for his contract dispute in what could be the beginning of a landmark case in Australia.
Macpherson Kelley’s George Haros has joined Stuart Wood AM QC in representing Folau, who said last year in a comment on Instagram that God’s plan for gay people was “HELL.. Unless they repent for their sins and turn to God.” A statement sent to Australasian Lawyer said he was sharing a quote from the bible on social media.
Rugby Australia and the New South Wales Waratahs terminated the rugby star’s contract last month, saying he committed a “high-level breach” of the league’s code of conduct for professional players.
It is understood that the legal action could involve claims of breach of contract and unlawful termination under the Fair Work Act. The legal team is working closely with Folau as he considers his options and decides what to do next.
“We believe Rugby Australia and the Waratahs have acted unfairly and unlawfully in their treatment of Israel,” said Haros, who leads Macpherson Kelley’s employment practice. “Israel has several options available to him at this point, and we are considering his next steps.”
Folau said that he has lost confidence in Rugby Australia’s tribunal process.
“I was disappointed by the way Rugby Australia handled my hearing, and it has been difficult to read stories in the media that are simply untrue,” he said. “All I ask is to be treated fairly and by the law. I feel confident in my team’s ability to defend and protect my legal rights.”
Wood is one of Australia’s leading workplace relations QCs. He has acted in numerous high-profile unfair dismissal matters, including Peter Ridd’s successful claim against James Cook University.
Haros is nationally recognised for his employment law work. He has represented athletes in employment matters, including AFL player Ahmed Saad in his anti-doping case and basketball player Liz Cambage in her dispute with Basketball Australia. He has also represented IVF specialist Dr Lynn Burmeister in her dispute with Monash IVF.
