freediver wrote on Jul 4
th, 2019 at 5:39pm:
polite_gandalf wrote on Jul 4
th, 2019 at 2:08pm:
Its not supporting FD, I think RA have acted foolishly.
It is merely an ackowledgement of the fact that RA have the legal right to do what they did - and they have the relevant clause in the signed contract to prove it. Any argument (as you attempted originally), that the clause was too vague to conside Folau's tweet an actual breach is dismantled as soon as you see how specific it actually was (see my quote above).
Folau can't claim any legal or moral right to continue being contracted by RA - and certainly not on any freedom of speech grounds
How do you know they have the legal right?
I never argued that the vagueness was relevant legally.
This is my take based on the sequence of events as I understand them:
- Folau signed a contract that included a clause that all players must, quote "treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability."
- Folau posted a tweet in 2017 saying that gays are going to hell unless they repent.
- RA approached Folau and informed him that such a tweet is breaching his contract - although they took no disciplinary action
- 2 years later, Folau posts another tweet in which he not only said gays were destined for hell, but associated them with liars, drunks and thieves
- RA then terminate his contract
In my view, stating that a section of our community are sinners and are destined to hell, is not "treating everyone equally, fairly and with dignity" - but in any case, this is what RA decided, and surely they are the ones who get to choose the interpretation of their own contract clause? Either way, Folau new after the first tweet that it was deemed by RA a breach - whether he agreed or not - and so he was given plenty of forewarning that another tweet would not be tolerated. Yet he went and did it anyway.
I don't claim to be an expert on contract law, but this to me passes the pub test for rightful/lawful dismissal.