The Fiji Rugby Union is now trying to get an out-of-court settlement in relation to former Fiji 15's coach, Ilivasi Tabua's case.

This has been confirmed in the High Court today by FRU's lawyer, Simione Valenitabua.

He told Judge, Justice Anjala Wati that the Fiji Rugby Union board has come to a consensus that they want to settle the matter and an offer will be put to Tabua today.

The FRU wants time until Monday which Justice Wati has now granted to find out whether the matter will be settled out of court.

Tabua is unaware of the offer at this stage.

His lawyer, Noel Tofinga said that they are yet to receive the offer.

Fijivillage has contacted FRU Chairman, Colonel Mosese Tikoitoga and he has referred all queries to the CEO, Manasa Baravilala.    

FRU's Vilikesa Rinavuaka said they are yet to be briefed by their legal counsel and cannot make any comments.

In March last year, the Employment Relations Tribunal found that Ilivasi Tabua was unlawfully and unfairly terminated by the FRU.

As a result, the Tribunal ordered that Tabua must be reimbursed part of the wages lost as a result of the grievance and also be compensated for humiliation, loss of dignity and injury to his feelings.

The matter was referred to the Employment Relations Court for assessment of damages.

This reference was made under speculation that the award may exceed $40,000, which is beyond the jurisdiction of the Employment Tribunal to grant.

Justice Wati has already said that the parties have not appealed any aspect of the judgment which indicates their acceptance of the verdict.

According to the tribunal Tabua had signed a contract in February, 2008 for a term of three years.

His contract was terminated on the 18th of August, 2009.

Based on this finding, the High Court has to calculate damages for a certain period from the unexpired term of the contract.

Tabua was on a salary package of over $120,000 per year.

However FRU's previous lawyer, Filimoni Vasarogo had advised the Court that Tabua had entered into a contract on the 22nd of January, 2008 for a period of two years.

Justice Wati said she has searched through the records and only found an unexecuted copy of the contract which is of no help to the Court.

Further, the copy of the contract does not stipulate the salary package for a year.

The schedule containing the package is missing from the contract.

In her earlier ruling, Justice Wati said by not filing an appeal on the facts found by the Employment Relations Tribunal, the FRU legal counsel seems to accept the decision of the tribunal on the aspect of the unexpired term of the contract.

However, she said she will not let injustice prevail, as it is her duty to make a correct finding of fact when hearing the matter on quantum of damages.

The case will be called again on Monday.

Story by: Vijay Narayan