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Thread: "Warning homosexuals, hell awaits you, repent" - Israel Folau

  1. #556
    Immortal jargan83's Avatar
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    Decision by the High Court, I assume the law talking guy's sentences that I've bolded will be interesting moving forward for the Folau camp?

    A former public servant at the centre of a landmark free speech case has lost her High Court fight after it was found tweets she sent critical of the Federal Government breached the public service code of conduct.

    Michaela Banerji argued she had been unlawfully fired in 2013, from what was then the Department of Immigration and Border Protection.

    She had operated the Twitter profile LaLegale, which frequently posted opinions critical of the Australian Government, its immigration policies, and its treatment of immigration detainees.

    Ms Banerji was sacked from her role for breaching the Australian Public Service (APS) Code of Conduct, after an internal investigation linked her to the Twitter account.

    She took her case to the Administrative Appeals Tribunal, which found her sacking had impeded her implied right to freedom of political communication.

    But today the High Court unanimously ruled that was not the case, and that the APS code was proportionate to its purpose of maintaining an apolitical public service.

    The decision has also ended Ms Banerji's hopes for compensation.

    "The only advantage of this case and taking this action was to affirm the role of this freedom of speech for public servants, and we failed," she said.

    "It's not just a loss for me, it's a loss for all of us, and I'm very, very, very sorry."

    Her lawyer, Allan Anforth, said he expected the decision to have far-reaching consequences.

    "The implications don't stop at the boundary of public servants," he said outside the court.

    "The implication is that for any employee-employer relationship, if the employee is critical of the employer's position on some politically relevant social issue, they can be sacked.


    "This is a really naive decision in terms of the political realities of what exist in the community."

    Mr Anforth said the decision effectively meant anything a public servant did had to be "with loyalty to the government" and not critical of it.

    "It is basically saying that if you take the Queen's shilling, you surrender your rights to participate in the political process," he said.

    "They justify that by saying the public service is an apolitical, permanent, career public service."

    But Mr Anforth said that view of the public service was "disjointed from reality".

    "It's a 1960s, 1970s view that the public service is staffed by permanent professional, career public servants — they're not," he said.

    "Most of the public service is contractors and others they come, they go — they're appointed for their political views.

    https://www.abc.net.au/news/2019-08-...ision/11377990

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  2. #557
    Immortal Contributor The InnFORCEr's Avatar
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    Interesting

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  3. #558
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    Certainly is. My understanding is that a large chunk of the Australian legal system reports to the Attorney-General. Does that mean they are now precluded from passing any judgement that isn't loyal to the sitting government...?

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    Israel Folau deletes social media accounts ahead of legal battle with Rugby Australia

    Staff writers with AAP
    PerthNow
    August 12, 2019 2:37PM


    Israel Folau has quit Instagram and Twitter ahead of his legal fight with Rugby Australia.

    Those heading to the former Wallaby’s Instagram page will be met with the message: “Sorry, this page isn’t available.”

    It’s the same for his Twitter account, with both understood to have been deactivated sometime Monday.

    The move comes on the eve of a directions hearing into his unlawful sacking claim against the rugby body.

    Folau and Rugby Australia failed to reach an agreement at a mediation hearing at the Fair Work Commission in June.

    "Unfortunately, our conciliation before the Fair Work Commission did not resolve the matters between us and I have been left with no choice but to commence court action," Folau said previously in a statement.

    RA terminated Folau's multimillion-dollar contract over a social media post in which he paraphrased a Bible passage, saying "drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolaters" would go to hell unless they repented.

    The committed Christian argues he was unfairly dismissed on religious grounds.
    Folau, 30, is seeking $10 million in damages from RA and wants his contract reinstated.

    The matter is listed for a directions hearing in the Federal Circuit Court in Melbourne on August 13.

    https://www.perthnow.com.au/sport/ru...ng-b881289223z

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  5. #560
    Immortal Contributor shasta's Avatar
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    Well then, according to his Dad/Pastor/CFO, Izzy is on the highway to hell with all the rest of us sinners. Right?

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  6. #561
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    Quote Originally Posted by shasta View Post
    Well then, according to his Dad/Pastor/CFO, Izzy is on the highway to hell with all the rest of us sinners. Right?
    Like what you did there.

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  7. #562
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    Folau court date set: Potential Wallabies World Cup distraction fears allayed

    By Georgina Robinson
    Updated August 13, 2019


    Rugby Australia will avoid a potentially embarrassing distraction during the Wallabies' World Cup campaign after their legal fight with former star Israel Folau looks set to stretch into the new year.

    Folau's unlawful termination case against his former employers RA and the NSW Waratahs has been set down for a potential three-to five-day trial in the Federal Circuit Court on February 4 next year.

    The date means Australia's World Cup campaign will proceed without the ongoing shadow of former first-choice fullback Folau hanging over them, although it will collide with the start of the Waratahs' new Super Rugby season, which kicks off in the first week of February.

    However, Federal Circuit Court Chief Judge Will Alstergren made it clear in court on Tuesday morning that the parties would be expected to attempt mediation by the middle of December.

    Folau’s barrister, high profile employment law expert Stuart Wood QC, accused RA of trying to delay proceedings by applying to have the matter moved to the Federal Court or to the Federal Circuit Court’s Sydney base.

    “There is no merit in the application and it will only lead to delay and increased costs,” Wood told the court, adding that his team were conscious there would be more attempts to delay proceedings.

    “We want the court to know what is going on in the background.”

    RA’s barrister, Adam Hochroth, from Banco Chambers, denied RA was trying to hold up the process.

    “The application was not brought to cause delay,” Hochroth said.

    Judge Alstergren did not rule on the application but earlier noted that the Federal Circuit Court was the appropriate court for an employment law case and that Folau had a common law right to choose where his case should be heard.

    “I am not going to allow anything to delay proceedings,” he said, responding to Wood’s concerns.

    Folau was not in court on Tuesday.

    The case’s “public interest” status also became a talking point during Tuesday’s hearing.

    The court has opened up an online file where select documents - such as any applications made in the case - will be deposited for public viewing.

    Hochroth asked that if material from RA’s code of conduct tribunal was submitted in evidence, both parties be given a period of up to three days to review it and consult with their clients before it be made public, with the view to potentially redacting sections of the material.

    The tribunal, which found in May that Folau should be sacked for committing a high-level breach of the professional players’ code of conduct, was a closed process. RA requires permission from the Rugby Union Players’ Association (RUPA) to make public any material from it.

    In response, Judge Alstergren said the court would balance the “significant public interest in the case against the rights of all parties”.

    https://www.smh.com.au/sport/rugby-u...13-p52gjt.html

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