Personal behaviour vs employment

[think positive]

[K]

RA would have needed crystal ball to predict second post, says Castle

https://www.smh.com.au/sport/rugby-unio ... 51oqu.html


Castle: "We would have also liked an additional clause that gave us extra protection, but the reality is this is a collective agreement and you can’t add clauses that are to the detriment of the player.
"You can add positive clauses: more money, more shoes, more cars. But you can’t add more clauses that are detrimental to the player unless you have the players association’s and also Israel Folau’s consent."

[K]

If RA need to fire Castle, I'm wondering what the financial cost will be. I see articles like: "Castle denies being 'architect' of Bulldogs salary cap woes" from her previous job at Canterbury, but not much about her RA contract.


Oh, boy, this sounds familiar... "Bulldogs officials have revealed the club cannot be active in the transfer market until 2021 because players were offered back-ended contracts" and "the Bulldogs have already implemented a number of new signing protocols to ensure things don’t get out of hand again", but Castle said she was "very comfortable" with what happened.

[K]

[David]

Whatever one's thoughts happen to be on this case, it's appalling that an unfair dismissal case can cost a plaintiff so much. I'm guessing it'd be a substantially lower figure if the amount of money on the line were less (as it would be in most industries), but still, surely we can all agree that justice shouldn't just be available to those who can afford it.

[K]

Yep, and not just for unfair dismissal cases, of course, but for all legal actions.


Meanwhile, Folau: "My decision not to commence Rugby Australia’s appeal process is in no way an acceptance of the judicial panel’s findings.

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

[stui magpie]

Whatever one's thoughts happen to be on this case, it's appalling that an unfair dismissal case can cost a plaintiff so much. I'm guessing it'd be a substantially lower figure if the amount of money on the line were less (as it would be in most industries), but still, surely we can all agree that justice shouldn't just be available to those who can afford it.

What are you gibbering about? This isn't in anyway a normal unfair dismissal case.

The cost of lodging an unfair dismissal claim at Fair Work is minimal, you don't need to have a barrister to represent you or even a lawyer. This as much about contract law as employment law and Folaou chose to engage high priced legal representation, he didn't need them.

For the average person in unfair dismissal, justice is available regardless of their capacity to pay.

[David]

And what's your chance of winning such a case without a barrister? We all know that expensive legal advice increases one's chances of victory; otherwise why would people like Folau seek it out? Money still plays a huge role in the outcome of such cases.

[K]

And it's not like Folau is out-spending RA. It sounds like they're outspending him.

[stui magpie]

[K]

RUPA to conduct 'faith and beliefs review' in wake of Folau sacking

https://www.smh.com.au/sport/rugby-unio ... 51pjt.html

' "RUPA notes that Rugby AU has not yet provided any clear or specific parameters to the professional playing group specifying how it expects individual professional players to express their faith and beliefs in manner acceptable to Rugby AU," the RUPA statement read.'

[David]

They should probably just stick a sign up saying that Christians, Muslims and Jews aren't welcome and be done with it.

[K]

Israel Folau's sacking shines light on confusion between athletes and sports bodies on religious expression

https://www.abc.net.au/news/2019-05-23/ ... n/11138902

'When Queensland Reds captain Samu Kerevi posted on social media: "Thank You Jesus for dying on the cross for me", it set off a firestorm that saw the Australian rugby union international initially apologise for the post, then clarify that he did not need to apologise.
...

Professor McCallum said the codes needed to be more specific and social media policies should be included in contracts.
...

It is a matter that could very well be tested under Australia's Fair Work Act if Folau takes his case to the Federal Court, citing religious discrimination.

"The live legal question is how far can an employer go in curbing an employee's activities outside working hours or [in their] personal lives and how do you draw that distinction in the first place," Sydney University senior lecturer in employment law Giuseppe Carabetta said.
...

Professor McCallum said the sports want certainty.

"They want your property," he said.

"They're buying you[r] body and soul." '

[K]

They should probably just stick a sign up saying that Christians, Muslims and Jews aren't welcome and be done with it.

The Samu Kerevi story in the article above suggests you may be right, David.

[David]