'Exaggeration': Israel Folau cops major dose of reality in fight against Rugby Australia

Israel Folau’s claims that his dismissal has cost him around $5 million in lost earnings and the chance to become the Wallabies' greatest tryscorer have been shot down.

Lawyers for Folau on Thursday lodged an unfair dismissal claim with the Fair Work Commission against his former employers Rugby Australia.

Folau will argue that under the Fair Work Act his employment was unlawfully terminated because of his religion.

The 30-year-old dual international is seeking the value of his $5 million contract as well as other potential earnings following his participation in this year's Rugby World Cup.

A source close to Folau said the figure was still being considered but could be as much as $10 million, which could reportedly bankrupt the sporting bodies.

Before his contract was torn up he set a new record this season for most tries scored in Super Rugby history, and is the Wallabies' joint-third highest try scorer with 37 tries, behind David Campese who scored 64.

His application claims he had this record mark in sight.

Folau’s dispute application stated: "The termination has cost Mr Folau the best years of his rugby career, participation at the Rugby World Cup, the chance to become the greatest Wallaby try-scorer (a decades-old record he was likely to break), and the associated exposure and opportunities.”

“As well as around $5 million in lost salary, Mr Folau will claim in respect of the loss of these opportunities (renewal of contract, sponsorships, etc).

"The damages will be particularised in due course, but will be substantial. In addition, Mr Folau will seek civil penalties."

However a new report in the Sydney Morning Herald says the $10 million figure is an “overreach”, “given Folau would have been almost 34 at the end of his four-year deal and that lost opportunities will be difficult to prove and quantify.”

The Herald quoted an unnamed player agent who said: “It would be possible offshore, but not here.”

The claim that Folau was robbed of the Wallabies’ try-scoring record is also far from a sure thing.

David Campese scored 64 tries in 101 Tests, while Folau has 37 tries in 73 Tests.

“In a similar vein to the question of whether or not his contract would be renewed beyond 2022, it will also be difficult to prove Folau would surpass Campese's haul,” the Herald report states.

The claim that he’s lost sponsors over the sacking also appears to be a stretch, given Asics, Jaguar Landrover and some private donors all withdrew because of Folau’s post, not his termination.

Reports that a Folau court victory could bankrupt RA have also been dismissed, with the Herald claiming: “Standard versions of employment practices liabilities insurance usually offer coverage of about $2 million.”

"I think it is an exaggeration to say it will imperil the game's finances – I don't believe that to be true," RA boss Raelene Castle told rugby.com.au recently.

"Certainly, I believe this is money that we could be spending on the rugby community and that’s disappointing.

“Every dollar that we spend on legal fees is a dollar that we don’t spend in the community. That is the reality."

‘He is compelled’

Folau's application stated his employment was terminated because of his religion and included nine reasons to illustrate this.

A member of the Truth of Jesus Christ Church, part of the reasoning was that "as a manifestation of Mr Folau's religion, he is compelled to communicate the word of God and the message contained within the Bible (Biblical Teachings)"

It said that in this context he "communicated certain Biblical Teachings on his personal Instagram account".

RA and the Waratahs demanded he remove the post, which he refused to do so which led to his termination.

Folau said in a statement he felt he had no choice but to pursue legal action, and stand up for his beliefs and the rights of all Australians.

But Rugby Australia was adamant it was right to sack Folau.

"This is an issue of an employee and his obligations to his employers within the contract that he signed," RA said in a statement.

with AAP