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Izzy Folau
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<blockquote data-quote="ncurd" data-source="post: 981102" data-attributes="member: 72205"><p>I'm not entirely sure you understand what was at stake in terms of employment law in Australia and RA would consider settling. Or even what he was terminated for.</p><p></p><p>He was terminated for bring his employers into disrepute which is a pretty standard gross misconduct allegation. Essentially RA said your actions are costing us and our brand money to the people we want to market to therefore you can no longer be our employee.</p><p></p><p>Then the law gets involved there are two forms of discrmination in this case, (1) Is Falou allowed to say what he believes in publicly and cause material distress to his employers for publicly stating them. Is he protected because these are religious views? (2) If he is protected by those anti-discrimination laws is he protected when his vocal views actually form a discrimination act against a different protected group? Which protected group is better protected?</p><p></p><p>And its all rather more complex than that I'm sure if you are a lawyer. More importantly Australia has barely any case law in this regard it would of been a landmark case that defined how many more cases in this regard would of been judged (in US terms think of Roe V Wade as an example).</p><p></p><p>RA and Falou were both relying on courts to come down on their side but neither could be sure of winning hence why they settled.</p><p>Ultimately if Falou had them by the balls he wouldn't of settled. RA had much more to lose in this than Falou who started off with nothing and at very worst would of got nothing. The fact Falou walked away with something suggests he was not willing to actually to test the courts to prove himself right.</p></blockquote><p></p>
[QUOTE="ncurd, post: 981102, member: 72205"] I'm not entirely sure you understand what was at stake in terms of employment law in Australia and RA would consider settling. Or even what he was terminated for. He was terminated for bring his employers into disrepute which is a pretty standard gross misconduct allegation. Essentially RA said your actions are costing us and our brand money to the people we want to market to therefore you can no longer be our employee. Then the law gets involved there are two forms of discrmination in this case, (1) Is Falou allowed to say what he believes in publicly and cause material distress to his employers for publicly stating them. Is he protected because these are religious views? (2) If he is protected by those anti-discrimination laws is he protected when his vocal views actually form a discrimination act against a different protected group? Which protected group is better protected? And its all rather more complex than that I'm sure if you are a lawyer. More importantly Australia has barely any case law in this regard it would of been a landmark case that defined how many more cases in this regard would of been judged (in US terms think of Roe V Wade as an example). RA and Falou were both relying on courts to come down on their side but neither could be sure of winning hence why they settled. Ultimately if Falou had them by the balls he wouldn't of settled. RA had much more to lose in this than Falou who started off with nothing and at very worst would of got nothing. The fact Falou walked away with something suggests he was not willing to actually to test the courts to prove himself right. [/QUOTE]
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