Israel Folau argues Rugby Australia sacking a ‘restraint of trade’
Israel Folau will argue his sacking was an “unreasonable restraint of trade” because it stopped him from playing rugby union at an international level for the Wallabies.
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Israel Folau will argue his sacking was an “unreasonable restraint of trade” because it stopped him from playing rugby union at an international level for the Wallabies.
In his statement of claim filed in the Federal Court on Thursday morning, Folau also said he was protected by the laws of World Rugby which override rules by Rugby Australia.
“It was an objective and function of World Rugby to prevent discrimination of any kind against a country, private person or groups of people on account of ethnic origin, gender, language, religion, politics or any other reason,” the statement of claim says.
“Mr Folau agreed to be bound by the by-laws, regulations and resolutions or World Rugby … as well as certain domestic instruments, including the Professional Player Code of Conduct in force at the time of signing the player contract.
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“In the event of any inconsistency between the Laws of World Rugby or any domestic instrument including the Code of Conduct on the one hand, and the terms of the Player Contract on the other, then the terms of the (Laws of World Rugby) set of instruments would prevail.”
Folau is seeking about $10 million in compensation from Rugby Australia after being sacked in May.
Rugby Australia ripped up Folau’s $5.7m contract after finding he had breached its code of conduct by posting religious passages on social media.
These passages were seen as homophobic.
Folau also claims he cannot play any rugby, including at an international level, as a result of his contract being ripped up.
“(The tribunals decision) has the consequence that Mr Folau can no longer play rugby union at the international level (because he is only eligible to play for the Wallabies) or for an Australian team in the Super Rugby competition and is therefore an unreasonable restraint of trade,” the statement of claim reads.
Folau also argues in the statement of claim that the tribunal “misconstrued” code of conduct provisions in finding a “high-level breach” and that termination of Folau’s contract was appropriate.
Folau alleges in the court documents this decision was “absurd or unreasonable or so unreasonable that no reasonable person could have reached it”.