APIA, SAMOA – 17 AUGUST 2020: The former Manu Samoa 15s Coach, Fuimaono Titimaea Tafua has lost his appeal against the Samoa Rugby Union.
Fuimaono took legal action against SRU for wrongful dismissal when his contract was terminated after four months. The court upheld the SRU’s decision which Fuimaono appealed.
“The issue in the case is whether that notice of termination was valid in accordance with Part V111 of the Labour and Employment Relations Act 2013,” noted the Court of Appeal.
The trial judge in passing judgment thought it was and upheld the SRU decision.
The Court of Appeal noted that the term of agreement was that the “contract was subject to the termination clauses (and) satisfactorily completion of the probation period of 3 month period (sic). The term would conclude on the 30 November 2019.”
The agreement provided for a remuneration package including a salary of SAT125,000 and various allowances. It also contemplated a series of performance reviews but nothing was provided.
They also noted that Fuimaono’s case is that SRU was not entitled to bring the contract to an end by giving a one month’s notice because that was contrary to Part V111 of the Act.
The appeal is dismissed and cost to the respondent of SAT$5000.