Play Nice Random Chat Thread: Episode III

Snake_Baker

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Yeah I just wanted to get on the record that it's not *just* about money, and that he's a nob end.
I'd be surprised if the contract breach doesn't hold up as legitimate grounds for dismissal tbh, but IANAL so what the **** would I know?

I don't agree with it either mate, but that's the law.
 

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Chadwiko

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Just to clarify as well, as Snake is muddying the waters on this issue;

Rugby Australia terminated Israel Folau's contract by finding that he breached Rugby Australia's own code of conduct, which states specifically that "any public comment that would likely be detrimental to the best interests, image, and welfare of the game" would be a breach.

The entirety of Israel Folau's case rests on proving that his comments are somehow 'exempt' from the code of conduct of which he voluntarily agreed to abide by as part of his employment.

Given that it's enormously expensive to go to the High Court to fight a case like this, it's a matter of compromise if Folau gets a settlement. That's all.
 

Themanbun

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Let's put it this way mate............considering Rugby Australia's public stance on this do you think as a layperson that they would have sacked him outright if the COULD have sacked him outright on the spot?



Yeah, it just can't breach the constitution. Not even minutely.
That section of the constitution refers to laws enacted by Parliament. Employment contracts are not a law enacted by Parliament.
 

Snake_Baker

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Just to clarify as well, as Snake is muddying the waters on this issue;

Rugby Australia terminated Israel Folau's contract by finding that he breached Rugby Australia's own code of conduct, which states specifically that "any public comment that would likely be detrimental to the best interests, image, and welfare of the game" would be a breach.

The entirety of Israel Folau's case rests on proving that his comments are somehow 'exempt' from the code of conduct of which he voluntarily agreed to abide by as part of his employment.

Given that it's enormously expensive to go to the High Court to fight a case like this, it's a matter of compromise if Folau gets a settlement. That's all.

Section 116 of the constitution does not give a single flying **** about Rugby Australia's code of conduct.

It speaks volumes about our political system that you were employed in framing statute law. If you have a law degree, then the institution that supposedly educated you should be levelled to the ground.
 

Chadwiko

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That section of the constitution refers to laws enacted by Parliament. Employment contracts are not a law enacted by Parliament.
Bingo.

Not a difficult concept to grasp, I previously thought.

But if someone thought the Australian constitution worked like the United States' constitution, then I could understand the confusion.
 

Snake_Baker

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That section of the constitution refers to laws enacted by Parliament. Employment contracts are not a law enacted by Parliament.
What?

Seriously mate, just take a couple of minutes to think about this again.

Bingo.

Not a difficult concept to grasp, I previously thought.

But if someone thought the Australian constitution worked like the United States' constitution, then I could understand the confusion.
****ing. Hilarious.
 

Chadwiko

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Section 116 of the constitution does not give a single flying **** about Rugby Australia's code of conduct.
And I say again, in plain English;

Section 116 of the Australian constitution has zero legal relevance to the Israel Folau case.

Zero. Zilch. Nada.
 

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Snake_Baker

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And I say again, in plain English;

Section 116 of the Australian constitution has zero legal relevance to the Israel Folau case.

Zero. Zilch. Nada.
Well, that's actually NOT what you have been stating, but I get why you are back peddling.

Not based on what I've seen here.
If you think impressing you is my idea of achievement, then you're actually dumber than I thought.

Tell the truth. You don't have a law degree, do you?
 

Themanbun

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What?

Seriously mate, just take a couple of minutes to think about this again.



****ing. Hilarious.
Mate, our own discrimination commissions have lodged reports criticising the weakness and lack of scope of s116.

E.g.

"The Constitutional guarantees of s. 116, strictly applicable only to
Federal areas, have provided little practical protection against the kind
of injustice and discrimination detailed in that Report, whether
experienced by religious people or those opposed to religion or
indifferent to it, because of narrow judicial interpretations.33"

This publication was posted the year after the Scientology case, for what it's worth.

In order for Izzy to run a s116 case, he would have to be arguing that the Parliament made law responsible for his termination was in contravention of s116.

He has not been dismissed under statute, but under breach of contract.
 

Chadwiko

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Tell the truth. You don't have a law degree, do you?
Bachelor of Political Science - Hons
Bachelor of International Studies
Diploma of Government
AGS qualifications in legislative drafting, constitutional interpretations into program design, and statutory interpretations.

Now I've shown you mine, you show me yours.

I'll wait.
 

Snake_Baker

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Bachelor of Political Science - Hons
Bachelor of International Studies
Diploma
of Government
AGS qualifications in legislative drafting, constitutional interpretations into program design, and statutory interpretations.

Now I've shown you mine, you show me yours.

I'll wait.


LOL, you left out your Cert III in whippersnipping!!!

 

Chadwiko

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Can't wait to see the mental gymnastics you go through here Snake to avoid revealing your complete lack of qualifications...
As predicted.

Y'know, Snake... for someone who purports to be such an expert on matters of the law, it does raise the question of why you've broken so many...


.............AND I AM SHOWING YOU UP!
The truly sad part is that you probably believe that.
 

Snake_Baker

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Constitutional law doesn't work that way mate. Each case is unique to its own circumstances..

One thing that is black letter law is that no government law can discriminate upon religious freedom. This includes contracts which MUST be bound by law in order to be valid in the first place.
 

Snake_Baker

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As predicted.

Y'know, Snake... for someone who purports to be such an expert on matters of the law, it does raise the question of why you've broken so many...
It speaks volumes about your understanding that you believe that knowledge of the law and compliance to the law are the same thing.
 
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