Israel Folau and Rugby Australia encouraged to settle dispute out of court
A date has been set for Israel Folau’s unfair dismissal trial with the Wallaby’s legal representatives today accusing Rugby Australia of trying to drag out proceedings in order to bleed the rugby player of money.
Sacked Wallaby Israel Folau has accused Rugby Australia of trying to drag out their $10 million unfair dismissal fight to bleed him of money, with the trial not due to kick off until 2020.
The 30-year-old filed a lawsuit against the governing body and NSW Waratahs over what he believes is religious discrimination, after having his $5.7 million contract torn up for breaching the professional players’ code of conduct over homophobic comments.
Folau didn’t show up as battlelines were set during the first directions hearing at the Federal Circuit Court in Melbourne on Tuesday, which slated the trial to begin on February 4 next year.
But the fullback’s lawyer Stuart Wood QC warned RA not to try to suppress confidential material from his code of conduct hearing from being aired at trial, arguing the body can’t “deny the public the opportunity to see what’s actually going on in this case.”
It came after RA’s lawyer Adam Hochroth sought measures to protect the confidentiality of the May tribunal process which led to Folau’s firing.
The court heard the case could chart new territory in employment law, with Mr Wood insisting it be conducted “in full glare of the public.”
“We suspect our learned friends will try to prevent that by trying to rely upon what happened secretly in the tribunal,” he said.
Mr Hochroth insisted RA had “no motive to keep things out of the public glare.”
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RA has applied to have the case transferred to the Federal Court or Sydney’s Federal Circuit Court in what Folau’s camp labelled a deliberate stalling tactic.
“If successful it would obviously put in jeopardy the trial date in February … which of course is the point of it,” Mr Wood said.
He said the court has a mandate to keep costs down and “get to the heart of this matter”, but foreshadowed more attempts by RA to push back the three to five-day trial.
“We do not expect it to be the last,” he said.
“It will only lead to delay and increased costs.”
Chief Judge Will Alstergren stressed he would balance the “significant public interest in this case” with the rights of the parties, and urged them to settle the matter when mediation begins on December 13.
“It’s important for this court, and indeed the parties, this matter is dealt with as quickly and efficiently as possible,” he said.
Judge Alstergren dismissed RA’s bid to move the case to the Federal Court, saying the Federal Circuit Court has jurisdiction, and added that he would not consider the request to have the case heard in Sydney instead of Melbourne until after mediation.
Outside court, Folau’s solicitor George Haros said his client still wants an apology from RA and revealed “discussions have been on foot”.
“It’s obviously a very intense matter and I have no doubt those discussions will continue,” he said.
But Mr Haros could not explain Folau’s bizarre social media comeback after the athlete mysteriously deleted his Twitter and Instagram accounts on the eve of the high stakes showdown.
Folau’s actions blindsided even his own financial backers on Monday when he deactivated his online pages, including the controversial April 10 post saying hell awaits unrepentant homosexuals.
During his code of conduct hearing, Folau refused to stop posting religious material that could be deemed as vilification of the gay community or which could financially jeopardise his employer if reinstated.
After his sacking Folau sourced more than $2 million from the public who supported his crusade for religious freedom of expression.
The star player took no interest in settlement offers made by RA before and during his code of conduct hearing, the largest of which was nearly $2 million.
Folau is seeking nearly $10 million for his contract and future lost earnings, arguing that his offending Instagram post that targeted homosexuals, adulterers and other sinners “came from a place of love”.
However Castle insists the case is a simple breach of contract which prompted a lawful termination.
Folau’s case is expected to explore aspects of the Fair Work Act which haven’t been heard in court before with the matter adjourned for directions on December 17.
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