So - we await now what word will emerge from Israel Folau’s camp. The player himself was not in Sydney today, but rather in Adelaide where his wife Maria has been playing in the Super Netball competition with the Adelaide Thunderbirds.
Folau and his legal representatives have 72 hours to formally respond - but if, as has been suggested, he looks to take a protest to the Supreme Court, this whole sorry saga could yet drag on.
We’ll leave the liveblog there for now - here’s Mike Hytner’s report from a tumultuous, and landmark day, not just for Australian rugby but potentially for sporting landscapes around the world.
An email from Roberta:
Hi Richard. I don’t really know what grounds there is for Folau to appeal this decision.
If you sign a contract as an employee, especially one in the sporting limelight and you breach that contract or code of conduct then you must expect the consequences especially as this is not a first offence or so I understand.
I don’t often agree with Michael Cheika but when he said that Rugby fans include all irrespective of their ethnicity or sexual orientation, then how can you include a player who is anti this. I am not a Rugby fan but this could be any sport or workplace.
It’s a fair point, Roberta. Presumably Folau, if he does elect to take the matter further, would do so on the basis of persecution for his religious beliefs. Two things leap up immediately on this.
Firstly, Rugby Australia were at especial pains in April to re-shift the dispute onto the terrain of it being an “employment matter”, highlighting issues such as an employee refusing directions from an employer (ie requests to remove the initial offending social media post).
Secondly, and this is a fascinating subplot that my colleague Naaman Zhou uncovered, is that in the state of New South Wales, there are different legal provisions governing discrimination on the basis of religion:
An excellent piece on this issue of identity and religion from a few weeks back was this from Tonga’s first ever Olympic medal winner, the heavyweight boxer Paea Wolfgramm:
I’ll wager dollar for doughnuts, the issue of football versus faith and family will arise again, but the way in which RA has dealt with the “Folau question” has poured fuel on the fire.
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An interesting issue that emerged during the immediate furore surrounding Folau’s comments (not just when it emerged mid-April, but a year earlier with Folau’s first infraction on social media) was how a decision such as tearing up the Wallaby’s contract would be received within the playing group, especially from the increasingly large cohort of teammates from Pasifika background, many whom share deep religious views of their own.
The Tongan-born Taniela Tupoa has gone on the public record in response to news that Folau could be sacked saying: “Seriously??? Might as well sack me and all the other Pacific Islands rugby players around the world because we have the same Christian beliefs???”
We await to see what sanction, if any, could await Folau’s teammate.
Let’s bring you some of the immediate reaction
Some support for Folau from expected quarters.
Pathetic but predictable. Hope @IzzyFolau explores the legal avenues open to him. https://t.co/hru42Mcdgc
— Rita Panahi (@RitaPanahi) May 17, 2019
Although a former Sky News colleague sees it slightly differently.
Folau now has more free time to go and preach his bile.... 👋
— Peter van Onselen (@vanOnselenP) May 17, 2019
An interesting counter-point from my colleague, Paul Karp.
Next time an Angie Williamson gets sacked for advocating access to abortion, or Scott McIntyre for questioning ANZAC myth, or workers are sanctioned for complaining about industrial issues online I will remember Folau getting sacked - a win for employers everywhere. #israelfolau
— Paul Karp (@Paul_Karp) May 17, 2019
And one of Folau’s most prominent supporters, Alan Jones, has taken to the airwaves already. We’ll bring you more on that when it filters through.
NOW | Israel Folau has been sacked by Rugby Australia over controversial social media posts.@2GB873 Host @AlanJones gives his take to @BenFordham
— Ben Fordham Show (@SydneyLive2GB) May 17, 2019
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So. Where does this leave us?
To recap:
- RA’s three-person code of conduct tribunal has handed down the recommendation that having committed “a high-level breach” of the code of conduct (and shown no subsequent remorse or willingness to retract the offending social media post) that the appropriate sanction for Israel Folau’s actions should be “termination”.
- Rugby Australia has accepted this sanction, thereby terminating the player’s contract, but stresses the outcome is “a painful situation for the game”.
- Israel Folau now has 72 hours to formally appeal his termination. We have not yet heard from Folau or his management, but supporters have indicated earlier in the day that if sacked, the played could bring a supreme court challenge to the finding.
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Press conference concludes
Raelene Castle:
In rugby, there is not a place for someone that puts their views or position in front of everyone else’s. That is true of every employee that we have at Rugby Australia, not just the player base, every employee for Rugby Australia, we all need to work together and lived to the values of Rugby Australia. Thank you.
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Raelene Castle denies sacking curtails freedom of speech
The CEO continues:
I believe that from a sport point of view, the expectation is that everybody is entitled to their own differing beliefs and views on all manner of subjects, but if you are going to express them as an employee of an organisation, when you have signed a contract that clearly sets out the expectations of the values of that code, you must abide by that contract and if you don’t, it is a breach of contract and your contract could be terminated.
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Raelene Castle dismisses concerns of further protests within squad
She says:
I am 100% confident. And I’m confident because those players understand that everybody has a right to their own views on religious beliefs, and as long as they continue to express them in a respectful way we will continue to support them. And I have absolute confidence that Michael Cheika will build a rugby team that is incredibly competitive for the World Cup.
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Raelene Castle defends process, doesn’t rule out potential Folau supreme court challenge
It will be landmark, it will be important, and it is a big decision. He is a very important player in our game and he has been for a long period of time and we wanted to make sure we took the time to get it right. Ultimately Mr Folau will make his decisions and we will deal with that when and if we find ourselves in that situation.
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Raelene Castle takes questions
The Rugby Australia boss confirms what will happen now, which is that Folau has 72 hours to formally respond.
Castle confirms the handling of the matter could have gone more smoothly, saying it looks easier “with the benefit of hindsight”.
She adds:
Mr Folau knew when he pressed that button these were the implications that post was going to have ... This is a decision that will change the landscape for sport across Australia and perhaps internationally.
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More from Castle’s statement:
People need to feel safe and welcoming the game, regardless of their race, background or sexuality.
We do want to thank the tribunal panel for their decision and we respect the time, consideration and expertise the panel members brought to this process. Representing Australia and all Australians on the rugby field is a privilege.
Selection is dependent upon a player’s ability to contribute to the Wallabies and to the game of rugby itself in a positive and consistent manner, both on and off the field. When players sign a contract with the Wallabies, they sign up to the values of the team and the sport. Israel is a great rugby player. We are disappointed and saddened by the fact that he will not be seeing out his four-year contract and commitment to the Wallabies and also the Waratahs.
In closing, I just want to say thank you to all of those people from across rugby, from across other sports, both here and overseas, and all those people in the community for their support during what has been a very difficult period.
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Israel Folau sacked: Rugby Australia terminates contract
Raelene Castle has confirmed the governing body has torn up the star Wallaby’s four-year contract worth $4m.
Here’s what she said:
While Rugby Australia accepts the panel’s decision to terminate his player contract for his breach of the code of conduct, we want to stress that this outcome is a painful situation for the game. Rugby Australia did not choose to be in the situation, but Rugby Australia’s position remains that Israel, through his actions, left us with no choice but to pursue the course of action resulting in today’s outcome. This has been an extremely challenging period for rugby. This issue has created an unwanted disruption in an important year for the sport and for the Wallabies team. Our clear message today is that we need to stand by our values and the qualities of inclusion, passion, integrity, discipline, respect and teamwork.
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Press conference begins
Raelene Castle:
We are here to announce that Wallabies and Waratahs player Israel Folau has today been issued a sanction directing termination of his playing contract for his breach of the professional players’ code of conduct. A three-member panel of John West, QC; chair, Kate Eastman and John Boultbee, provided a final written decision today in relation to the code of conduct hearing over Israel Folau’s social media post on 10 April 2019.
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Prominent supporters of Folau have been active earlier in the day. Former Wallabies coach and media personality Alan Jones launched a fierce attack on Rugby Australia through The Australian newspaper, calling on Raelene Castle and the entire board to be sacked for their handling of the matter claiming it was a matter of free speech.
“If, as a nation, we want freedom of speech, then the corollary is that people will be offended.”
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ABC News reports contract has been cancelled
We’re still awaiting to hear from Raelene Castle herself, but news is filtering out ahead of the press conference. That’s just minutes away.
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Standing by
Folau, the three-time John Eales medallist and 73-cap Wallaby, has been associated with the national team for over nine years, but all that could be about to come to an end.
The writing has been on the wall for Folau since the three-person panel handed down its finding that the star fullback’s social media posts constituted a “high level breach” of the sport’s code of conduct ten days ago.
If RA do in fact tear up Folau’s contract the next question will be whether he will continue to challenge the finding at the Supreme Court. That could spell a protracted battle that could go on for months.
Updated
Hi all - thanks for your company today. There’s a lot of conjecture flying round already, and we haven’t had formal confirmation from Rugby Australia’s CEO Raelene Castle yet, who will be addressing the media in Sydney shortly.
There are preliminary reports coming out that the star Wallaby is about to receive the news that his contract will be torn up - we’ll confirm that when it’s definitive.
Judgment Day: Israel Folau v Rugby Australia
Rugby Australia CEO Raelene Castle has announced a press conference at 3pm (AEST) where it’s expected she will announce the sanction handed down to Israel Folau by RA’s three-person code of conduct tribunal panel hearing - with possible outcomes including the complete termination of Folau’s contract or a suspension or fine, given the body has already found the player guilty of a “high-level breach” of the sport’s code of conduct.
We’ll have the announcement, the reaction and try and pull together what this all means, here.
