The Israel Folau affair is expected to collide with the Wallabies Rugby World Cup campaign



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Israel Folau is suing Rugby Australia and the NSW Waratahs for unlawful dismissal under the Fair Work Act.

JANIE BARRETT / SYDNEY MORNING HERALD

Israel Folau is suing Rugby Australia and the NSW Waratahs for unlawful dismissal under the Fair Work Act.

The legal clash between Israel Folau and Rugby Australia is on the verge of colliding with the Wallabies World Cup campaign after the sacked footballer filed suit against the Federal Circuit Court this week.

Folau, 30, sues RA and the NSW Waratahs for unlawful dismissal under the Fair Labor Act, arguing that RA had torn up his four-year, multi-million dollar contract, tore up because of his religion.

His legal team, led by Melbourne lawyer George Haros, filed the lawsuit in Federal Circuit Court on Wednesday after the failure of the mediation before the Fair Work Commission in June.

This evolution has suggested the possibility of an audience on the guidelines, while Australia is at the heart of a difficult campaign for the World Cup in Japan.

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It was a nightmarish moment for RA, the affair potentially eclipsing the campaign and upsetting the organization's plan to use the sport's biggest quadrennial event to regain its popularity in Australia.

"Unfortunately, our conciliation before the Commission for a fair job has not solved the problems between us and I have no choice but to take legal action," he said. Folau in a statement Thursday.

RA has 28 days to file its response to Folau's complaint, after which the court would set a hearing date on the instructions, process in which the legal representatives of both parties – but not Folau nor any staff member RA – will appear in court. This could be two to six weeks after RA's response.

As the World Cup kicks off in 50 days and Australia face Fiji in their opening match on September 21st, Rugby Australia's boss, Raelene Castle, could be split between the Wallabies of Japan and which promises to be a costly legal battle in Melbourne.

It is generally accepted that the Federal Circuit Court is a quicker and slightly cheaper solution than the Federal Court, although the two courts share the same jurisdiction and hear cases in the same areas of law, including the law of the land. industry, the right of migration, the law of bankruptcy and the law of consumption.

The hearing on the instructions would end in one of two ways. A judge could order the parties to mediate or go directly to a trial.

As soon as possible, a trial could be held before the end of the year, paving the way for a highly publicized pilot case on the right of employers to enforce employment contracts.

RA terminated Folau's multi-million dollar deal in May after the double international published a social media article in which he paraphrased a pbadage from the Bible, saying "drunks, homobaduals, adulterers, liars, thieves, atheists and idolaters "would go to hell. repented.

Folau, 30, is claiming $ 10 million in damages from RA and wants his contract restored. He is represented by the lawyer George Haros and the lawyer Stuart Wood QC.

RA has hired Herbert Smith Freehills but has not hired a lawyer. Justin Gleeson SC acted on behalf of the organization during the hearing on the code of conduct that was finally pbaded in favor of RA.

More than 20,000 people recently donated about $ 2.2 million to help finance the legal battle of Folau via a campaign page created by the Australian Christian lobby.

The ACL replaced a previous campaign on GoFundMe, which had been removed by the platform for violation of the service instructions.

Folau thanked his many supporters in his statement on Thursday.

"I have been fortunate to receive the support of tens of thousands of Australians throughout my trip and I want to thank all the people who have offered their prayers and their support. (his wife) Maria and myself in recent months and gives us strength for the road ahead, "he said.

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