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Rugby's case against Folau is a legal and moral minefield

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The Israel Folau saga has moved to a new territory with the player now appealing the decision to
terminate his contract with Rugby Australia. The dispute will shortly come before a three-person conduct committee. It is unlikely the matter will end there as there will be, most probably, an appeal and ultimately protracted hearings in the courts.

Israel Folau and Rugby Australia are set for a code-of-conduct hearing.Credit:Jonathan Carroll

The topics of religious discrimination, discrimination against gay people and the right of employees
to express personal opinions on social media raise complicated and uncertain issues.

We do not have a bill of rights in this country. The implied freedom of political communication does not confer a personal right of action. In addition, the argument as to whether we should have a
Religious Discrimination Act is highly politicised. All these factors muddy the waters.

In the past, however, it has been possible for commentators to point disapprovingly at the conduct of employees whose services were terminated for inappropriate email commentary. An SBS........

© Brisbane Times