Folau lawsuit seeks $10m for sacking

Israel Folau will argue his “unlawful” sacking cost him the “best years” of his career.

Israel Folau has commenced legal proceedings after he was sacked by Rugby Australia. Picture: AAP/Supplied

Dumped Wallabies star Israel Folau is seeking up to $10 million in damages from Rugby Australia in a lawsuit that will claim his contract termination was “unlawful” and cost him the “best years” of his sporting career.

In an 11th-hour bid to challenge the terms of his May 17 dismissal, lawyers for Folau lodged a claim with the Fair Work Commission yesterday, arguing the sacking breached Section 772 of the Fair Work Act, a clause that deems it unlawful to terminate employment on the grounds of ­religion.

The statement of claim, seen by The Australian, says Folau is seeking $5m in lost earnings plus substantial damages and civil penalties.

But a source close to Folau said the amount could rise to as much as $10m when sponsorship deals and potential earnings associated with the Rugby World Cup were considered.

The figure is still being finalised.

“The termination has cost Mr Folau the best years of his rugby career, participation at the Rugby World Cup, the chance to become the greatest Wallaby tryscorer (a decades-old record he was likely to break) and the associated ­exposure and opportunities,” the statement of claim says.

Read the termination of employment letters sent to Folau

“As well as around $5m in lost salary, Mr Folau will claim in ­respect of the loss of these opportunities (renewal of contract, sponsorships, etc).”

The Wallabies fullback had his four-year, $5m contract torn up by Rugby Australia and the NSW Waratahs more than five weeks after he posted a message on ­Instagram, warning “drunks, ­homosexuals and adulterers” were destined for hell if they did not repent.

After refusing to remove the post, Folau faced a three-day hearing before RA chairs John West QC, Kate Eastman SC and John Boultbee, who found the John Eales medallist had committed a “high-level” breach of his contract.

Folau had 72 hours to appeal, but opted not to do so, saying he had lost faith in RA’s ability to treat him fairly or lawfully.

In a statement released yesterday, the devout Christian said he felt he had no choice but to stand up for the beliefs and rights of all Australians.

“The messages of support we have received over these difficult few weeks have made me realise there are many Australians who feel their fundamental rights are being steadily eroded,” Folau said.

“No Australian of any faith should be fired for practising their religion.”

The statement of claim alleged the social media post in question was a “religious message” written in the context of a “loving gesture” as Folau was compelled to communicate the word of God.

Speaking exclusively to The Australian yesterday, Folau’s lawyer George Haros said RA and the Waratahs had acted unfairly and unlawfully in their treatment of his client.

Mr Haros said: “Israel is seeking a declaration that his employment was unlawfully terminated because of his religion.”

A source close to RA yesterday told The Australian a $10m payout wouldn’t bankrupt the organisation.

However, it said every dollar that went into Folau’s pocket was a dollar diverted from important ­elements of the sport such as grassroots development.

In an official statement from RA last night, the sporting body said an independent panel had sat through 22 hours of evidence and had reviewed more than 1000 pages of evidence to determine the breach.

RA said: “It is important to make clear that Rugby Australia and NSW Rugby did not choose to be in a position where they are forced to divert significant resources to ­defend the ongoing legal action taken by Israel, but his action leaves the game with no choice.

“As a sport that is proud of the values of inclusion, passion, integrity, discipline, respect and teamwork … we will defend those values.’’

Folau’s case will first be heard by the commission, and if a resolution cannot be reached, the rugby star could take his claim to the Federal Court.