Dear Joe,

Contractual agreements vary
with each organisation - so unfortunately I
really cannot predict what each organisation
will have as part of their employee-employer
contractual agreements. Those will be between
the employers and employees to agree to and
what they entail will also be up to them to
sort out.

Regarding Israel Folau's case - and any further questions
that you may have - I'm sure that Rugby Australia
would be only too happy to answer them for you.

Dear Foxy,

I think there is a problem.

These are Israel's own words;

"As you have probably read, last week I met with Rugby Australia chief executive Raelene Castle and Waratahs general manager Andrew Hore. During the meeting I told them it was never my intention to hurt anyone with the Instagram comment, but that I could never shy away from who I am, or what I believe. They explained their position and talked about external pressure from the media, sponsors and different parts of the community, which I understand.
I acknowledge Raelene and Andrew have to run things in a way that appeals broadly to their executive, fans and sponsors, as well as its players and staff. It is a business. I didn’t agree with Bill Pulver taking a stance on the same sex marriage vote on behalf of the whole organisation, but I understand the reasons behind why he did. After we’d all talked, I told Raelene if she felt the situation had become untenable – that I was hurting Rugby Australia, its sponsors and the Australian rugby community to such a degree that things couldn’t be worked through – I would walk away from my contract, immediately.”

The relevant quote is “ talked about external pressure from the media, sponsors and different parts of the community”. It was not about bringing the game into disrepute as is now being asserted.

This is rather pivotal and to me the change speaks to a recognition they were on shaky ground. Is upsetting sponsors bringing the game into disrepute. I would think not.

So what it will come down to is whether the restrictions placed on Israel were legal, enforceable to the extent of a dismissal, and in keeping with the role of a governing body of a sport rather than a private corporation.

Should some one be denied the right to represent their country because of the manner they employed to prothletise their faith?

Not convinced I'm afraid.

Dear Steele,

The burden of proof will be on Rugby Australia to
prove the breach. It will be interesting to see
what the tribunal hearing decides.

Good point Joe. You must not discriminate against a job applicant on the race, colour and the rest, but it's OK to discriminate against an employee who doesn't express the 'right' sentiments popular at certain times in history.

Me too Joe.

The problem for Rugby Australia is that while a contract is generally sacrosanct, breach of contract requires reasonable grounds and while the twitterati might consider Folau's post hate speech, a judge might decide very differently.

If RA loses the court case, not only will it have lost one of its best players, but will have to stump up for the rest of the $4m contract and court fees as well. With the very expensive loss by James Cook university, they would be well advised to consider their options.