Israel Folau - Breach of contract or right to free speech?

[SirRumpole]

No no no. Moving from a game Rugby League he grew up with and to a game he was never going to reach an elite level at meant he wouldn't reach elite pay levels in Aussie Rules.



Imagine if BP, Caltex etc sponsored R.A. No posting about Global warming if you played for R.A. @rederob

Making anti gambling social media comments in any sport these days could be grounds for dismissal.

 

[rederob]

Imagine if BP, Caltex etc sponsored R.A. No posting about Global warming if you played for R.A.

Except that these companies understand global warming and are actively doing their best to reduce their CO2 emissions.

 

[rederob]

Making anti gambling social media comments in any sport these days could be grounds for dismissal.

You are continuously clutching at straws. There needs to be a context to what is and is not allowable, so making any old remark about what you can be dismissed for is meaningless.

 

[SirRumpole]

You are continuously clutching at straws. There needs to be a context to what is and is not allowable, so making any old remark about what you can be dismissed for is meaningless.

What is the context ?

What's to stop employers writing in any exclusions they like ? If they can sack Folau for making certain comments not related to his work, then they can do it for any comment that they believe can affect their business.

 

[Dark Knight 2.0]

Except that these companies understand global warming and are actively doing their best to reduce their CO2 emissions.

OK Sdajii look, it was funny for the first half a dozen posts haha, but Robs gonna be mighty miffed when he gets back and sees what youve done with his account. Logout NOW.

 

[rederob]

What's to stop employers writing in any exclusions they like ? If they can sack Folau for making certain comments not related to his work, then they can do it for any comment that they believe can affect their business.

Completely untrue.
Folau was sacked for how he used social media.
Employers have every right to protect their brand, and take action against employees who damage it.
You still do not get it.

 

[wayneL]

Can the comments be properly defined as homophobia?

 

[SirRumpole]

Completely untrue.
Folau was sacked for how he used social media.
Employers have every right to protect their brand, and take action against employees who damage it.
You still do not get it.

Except that is a pretty wide area isn't it, defined by the employer, under the general guise of
"bringing the game into disrepute".

As I said that can mean whatever the employer wants it to mean regardless of whether it interferes with freedom of speech of the individual.

Do you get that ?

From the ARU Code of Conduct

1.6 Do not make any public comment that is critical of the performance of a match official, player, team official, coach or employee/officer/volunteer of any club or a Union; or on any matter that is, or is likely to be, the subject of an investigation or disciplinary process; or otherwise make any public comment that would likely be detrimental to the best interests, image and welfare of the Game, a team, a club, a competition or Union.

That is a catchall that effectively bans public comment that the management of the ARU considers to be detrimental to their interests. It's their opinion that it does , they don't have to show that it's actually detrimental, only likely (in their opinion).

 

[moXJO]

Completely untrue.
Folau was sacked for how he used social media.
Employers have every right to protect their brand, and take action against employees who damage it.
You still do not get it.

They do not have the right to go against workplace laws. And thats why its going to court.

 

[Dark Knight 2.0]

Can the comments be properly defined as homophobia?

More like Christophobia going on around here.

 

[rederob]

That is a catchall that effectively bans public comment that the management of the ARU considers to be detrimental to their interests. It's their opinion that it does , they don't have to show that it's actually detrimental, only likely (in their opinion).

Making an adverse comment about your employer has consequences.
This is not rocket science .

 

[sptrawler]

Making an adverse comment about your employer has consequences.
This is not rocket science .

He didn't make an adverse comment against his employer, unless it is a pre requisite that to be employed you must be LBGT, otherwise he just gave his opinion of those with that leaning.
It's a bit like someone saying all mechanical fitters are 'dicks' and should rot in hell, so the engineering firm you work for sacks you, because they employ some mechanical fitter's.
I think R.A are in more $hit than Ned Kelly.

 

[SirRumpole]

Making an adverse comment about your employer has consequences.
This is not rocket science .

I can see you are on the side of big power and group think against individual rights, so if that is the stand you want to take so be it, that's your call.

 

[rederob]

They do not have the right to go against workplace laws. And thats why its going to court.

Folau wants to show his termination was based on his religion, and that is why he is going to the FWC.
Even if Folau were an atheist his social media foray breached the code of conduct which he undertook to uphold. RA know this and that is why they regard Folau's religion as incidental as that of an atheist who did the same thing.

 

[SirRumpole]

He didn't make an adverse comment against his employer, unless it is a pre requisite that to be employed you must be LBGT, otherwise he just gave his opinion of those with that leaning.
It's a bit like someone saying all mechanical fitters are 'dicks' and should rot in hell, so the engineering firm you work for sacks you, because they employ some mechanical fitter's.
I think R.A are in more $hit than Ned Kelly.

But he also hit out against drunks, idolators and fornicators.

Maybe he knows the ARU board better than we do.

 

[rederob]

I can see you are on the side of big power and group think against individual rights, so if that is the stand you want to take so be it, that's your call.

Not a good assumption at all.
I am very much on the side of individuals, but mindful of the consequences of one's action wrt to others.

 

[rederob]

It's a bit like someone saying all mechanical fitters are 'dicks' and should rot in hell, so the engineering firm you work for sacks you, because they employ some mechanical fitter's.

Tell me what was wrong with the worker saying what he did about mechanical fitters.

 

[sptrawler]

Tell me what was wrong with the worker saying what he did about mechanical fitters.

Absolutely nothing, same as what the rugby player said, it is just an opinion and it isn't against the law to have one. Yet

 

[sptrawler]

The other thing that comes into the debate of course is, someone has to establish there is a hell and that it is a terrible place.
Otherwise he just told the gays and lesbians they are going to a fictitious place, that is in folklore.
I think R.A are in deep manure.

 

[SirRumpole]

Breaking news.

Folau's Go Fund Me account has been terminated.

Another Group Think decision no doubt.