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Wallaby Lalakai Foketi has sued Rugby Australia and the Waratahs for wrongful dismissal.

The Roar understands that Foketi’s legal team, BlackBay Lawyers, will serve his former employers on Friday after filing in the district court of NSW on Thursday.

It comes after RA terminated Foketi’s contract for an alleged breach of contract in early November, for joining his new Super Rugby club, the Chiefs, in New Zealand, while still under contract at the Waratahs until November 30.

It’s believed Foketi is claiming the $38,000 he was supposed to receive in November, as well as some potential long-service leave pay, and damages.

After months of speculation about the Wallaby’s playing future, the 30-year-old’s move to the Chiefs was announced by the club on November 2.

It was accompanied by a video interview of the midfielder on the club’s social media accounts.

But, having turned down an unpaid early release, RA believed Foketi, who last played for the Wallabies at the 2023 World Cup, had breached his contract by flying to Hamilton to do the promotional work for the Kiwi outfit and failing to notify his employers.

Consequently, RA terminated Foketi’s contract without pay.

It comes despite players having no obligation to tell their employers of their travel movements.

In an interview with News Corp, Foketi, who wasn’t selected for the new Super Rugby AUS competition, said he was told by Waratahs coach Dan McKellar he wasn’t required to appear at pre-season.

“I’ve got a lot of respect for Dan,” Foketi told News Corp’s Jamie Pandaram.

“We sat down and he said where I’m at in life, I’ve been a part of Australian rugby and the Tahs for eight years, entering the next stage of my life and my career, he just said he doesn’t need me to train or to go in, get the family sorted, take some time out, mentally refresh, so that was really nice of him,” Foketi said.

Chiefs recruit Lalakai Foketi says he wasn’t required at Waratahs training after sitting down with coach Dan McKellar. (Photo by Joe Allison/Getty Images)

As such, Foketi flew with his wife and their two children to Hamilton.

The couple is also expecting another baby in the new year.

RA, however, wasn’t aware he was overseas until reading about Foketi’s movements in an article.

Despite flying to New Zealand’s North Island, Foketi claims he fulfilled his commitments by returning to Sydney on November 7 for a four-hour promotional clinic in Perth.

Foketi’s contract with the Chiefs also didn’t start until December 1.

Foketi had hoped his decision to cross the ditch would revive his international career in much the same way as James O’Connor’s, who ended his three-year Test exile after a successful season at the Crusaders in 2025.

But the midfielder, who debuted for the Wallabies under Dave Rennie, says the messy experience of the past month has soured his desires.

“To be honest, I’ll never come back to play for like Australian rugby right now,” he said. “For me, that door’s closed.

“And it’d probably be reciprocated after what’s going on, but it makes me even not want to put my kid into rugby if we ever come back to live there.”

Eddie Jones and Lalakai Foketi talk during a Wallabies training session ahead at Stade Roger Baudras on September 14, 2023 in Saint-Etienne. (Photo by Chris Hyde/Getty Images)

The Roar understands it’s not the first time RA has terminated a contract early for a similar alleged breach of contract.

It’s believed former South Africa-born Rebels prop Cabous Eloff had his deal terminated after returning home after the Super Rugby franchise was culled in 2024. Unlike many of his Rebels teammates, Eloff wasn’t contracted beyond 2024.

It’s understood Eloff was told he had 48 hours to appear at a promotional clinic, but, given he was on the other side of the planet, he couldn’t appear.