Personal behaviour vs employment

[K]

[K]

Folau turns to top silk as Rugby Australia case heads for legal stoush

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

"Folau has tapped one of Australia's leading workplace relations lawyers and Melbourne silks, Stuart Wood QC, for advice...

The Melbourne-based barrister most recently successfully represented controversial marine scientist and climate-sceptic Peter Ridd in his battle against James Cook University, which terminated the academic for questioning his colleagues on-air and in emails.
...

If Folau takes the matter to the Supreme Court, he would challenge RA’s decision on contractual grounds.

However, if Folau decides to appeal his sacking on religious grounds with the Fair Work Commission, he has until June 10 to lodge a complaint for unlawful dismissal.

If a settlement is not agreed between Folau and RA, the matter can be taken to the Federal Court."

[David]

[K]

His clarification after the apology says: "Today, I felt things were taken out of context in regards to certain articles..." It refers to "my post-game interview after a rugby match in South Africa".

( https://www.instagram.com/samukerevi_/ )

[stui magpie]

[David]

[stui magpie]

OK, and there's the nub.

If you tell some mates that your employer or boss is a cnut down the pub or cafe, that's not public. If you put it on Twitter or Instagram or Facebook etc with open privacy settings, you've published it in the public domain and will face consequences.

Considering that all the major parties withdrew nominations for candidates based on past social media comments, that genie aint going back in the bottle. People just need to learn.

[think positive]

Well put Stu, it ain’t brain surgery, and it wasn’t his first oopsie

[David]

OK, and there's the nub.

If you tell some mates that your employer or boss is a cnut down the pub or cafe, that's not public. If you put it on Twitter or Instagram or Facebook etc with open privacy settings, you've published it in the public domain and will face consequences.

Considering that all the major parties withdrew nominations for candidates based on past social media comments, that genie aint going back in the bottle. People just need to learn.

Well, let’s see. My aim, and that of some others, is to put that genie back in the bottle. It’ll be a long fight at best, but not an impossible one. As it stands, Folau might yet win his unfair dismissal case, and that would set a valuable precedent.

[K]

... As it stands, Folau might yet win his unfair dismissal case, ...

Yes, there's no indication from legal talking heads that he is less than a 50-50 chance. They do indicate that not putting anything in his contract and just waffling about codes of conduct weaken RA's case.

The rugby journos, though, are showing they cannot stop their personal feelings about his actions from colouring their judgement when it comes to law.

[stui magpie]

OK, and there's the nub.

If you tell some mates that your employer or boss is a cnut down the pub or cafe, that's not public. If you put it on Twitter or Instagram or Facebook etc with open privacy settings, you've published it in the public domain and will face consequences.

Considering that all the major parties withdrew nominations for candidates based on past social media comments, that genie aint going back in the bottle. People just need to learn.

Well, let’s see. My aim, and that of some others, is to put that genie back in the bottle. It’ll be a long fight at best, but not an impossible one. As it stands, Folau might yet win his unfair dismissal case, and that would set a valuable precedent.

That will depend on the reasons if he wins

[K]

[K]

I don't know if this is the best thread for this. Is alleged rape "personal behaviour"?

Top surgeon charged with rape after removing condom without permission

https://www.theage.com.au/national/vict ... 51sxh.html

"When charges were laid, the surgeon had his practising licence suspended by the medical board but the ban was lifted after a battle in the Victorian Civil and Administrative Tribunal.

He is now free to see patients and practise medicine despite the rape charges still hanging over his head and making their way through the courts."

[David]

I guess it's in the same realm. Seems like a fair decision, though some would argue that the lack of care he showed in the incident for which he was charged may not bode well for his treatment of patients. Personally, I prefer not having overgeneralised rules in such cases; the decision should be taken based on an even-handed assessment of whether the medical professional actually poses a genuine risk to their patients.

[stui magpie]