Folau skips appeal but looks at ‘all avenues’

Israel Folau has confirmed he will not appeal to a code of conduct tribunal over his sacking.

Israel Folau has responded after his Rugby Australia contract was torn up. Picture: Getty Images

Citing a lack of confidence in Rugby Australia to treat him fairly, Israel Folau has confirmed he will not appeal to a code of conduct tribunal over his sacking and now looks certain to take his case to the mainstream legal system.

Folau had until midday yesterday to lodge an appeal against the findings of a three-person Rugby Australia panel which recommended he be sacked last Friday after being found guilty of a high-level breach of the code of conduct in relation to his social media posts of April 10.

Had he appealed, the matter would have been heard by a reconstituted panel, but the expectation was that it would have taken the same view that the issue was, at its heart, an employer-employee dispute.

“My decision not to commence Rugby Australia’s appeal process is in no way an acceptance of the judicial panel’s findings,” Folau said yesterday.

“I simply do not have confidence in Rugby Australia’s ability to treat me fairly or lawfully throughout this process.”

Folau confirmed he was considering turning to the legal system. “The messages of support from fans, players, former rugby administrators and the public have been humbling,” he said.

“I believe I still have a lot of rugby left in me and the potential impact of Rugby Australia’s decision on my reputation and my ­career is substantial.

“Ultimately, I need to do what is best for my family, my teammates and the fans, so I am considering all potential avenues open to me,” he said.

Folau could mount a claim for religious discrimination against Rugby Australia under the Commonwealth Fair Work Act. He also may have legal rights under the NSW Anti-Discrimination Act, though to do that he would need to prove that he has been discriminated against because of his ethno-religious identity.

Given that Pacific Islanders make up 45 per cent of the professional playing ranks in Australia, with nearly half the Australian team comprising Pasifika players, it could be difficult for him to argue that Rugby Australia discriminated against him.

Folau’s professional rugby ­career in Australia is now over, a fact he appeared to acknowledge when he referred to himself as “former Wallaby and NSW rugby union representative”.

Rugby Australia can now formally terminate his contract, bringing to an apparent end one of the most fabled footballing careers in this country. He played at the highest level in three sports — rugby league, AFL and rugby union.

Certainly, at the age of 30, he is capable of playing on and the fact that he has not been suspended or otherwise sanctioned by Rugby Australia means he technically could play rugby in Britain, France or Japan if he wished. But in view of how his comments were ­received overseas — Billy Vuni­pola, the English international who supported him on social media, was booed at a club match — he might be too hot to handle, at least for the moment.

His rugby skills have shown no signs of diminishing and the fact that he won Australian rugby’s highest award, the John Eales Medal, in three of his seven years playing the game, 2014, 2015 and 2017, demonstrate just how big a hole he will leave behind.

There is no future for him in the NRL after Peter Beattie, the chairman of the Australian Rugby League Commission, reaffirmed yesterday that Folau would not be welcomed back.