LAWYERS of Ilivasi Tabua and the Fiji Rugby Union (FRU) presented their final submissions in the High Court in Suva yesterday before judge Justice Anjala Wati.
Noel Tofinga represented Mr Tabua while Nilesh Lajendra represented FRU.
Mr Tofinga in his submission sought to establish the legitimacy of the reference of the matter to the High Court by the Employment Relations Tribunal (ERT).
And to determine the ERT's jurisdiction to hear, determine and even refer the matter to High Court in the first place.
He said the ERT could adjudicate on employment grievances and disputes within its jurisdiction relating to claims of up to $40,000.
He said he informed the ERT in the preliminary stages of their adjudication that his clients claim was in excess of $40,000.
Mr Tofinga said the ERT had established Mr Tabua was unfairly and wrongfully dismissed and referred the matter to the High Court.
He also highlighted it was within the ERT's jurisdiction to hear and determine offences against the Employment Relations Promulgation.
He said the promulgations provision on the ERT's $40,000 claims limit discriminated against Fijian workers by preventing any of their claims exceeding $40,000 being heard by the ERT.
Mr Tofinga said the High Court could amend or waive errors or defects in the proceedings before deeming the matter as being properly brought before it and adjudicating on it or send the matter back to the ERT with clarifications on its jurisdictions.
He also asked that his client be allowed to withdraw the matter and be granted leave to re-report it in the manner deemed proper if it ruled otherwise.
Mr Lajendra said the claim was in excess of $40,000 meaning the ERT should not have dealt with matter and referred the matter to the High Court.
He said this meant Justice Wati could not rule on the matter or refer it back to the ERT. Justice Wati said she would have to decide first who had jurisdiction over the matter the court or tribunal.
Justice Wati will make her ruling on August 10.