Damien McGrath

The former head coach is suing the Samoa Rugby Union and its chief executive for substantial damages over the termination of his contract more than two years ago.

Mr McGrath's lawyer had appealed on the ground that in the fixing of the security amount the judge erred by failing to consider whether the amounts of security denied the plaintiff full access to justice.

Mr McGrath is suing the Union and its chief executive, Faleomavaega Vincent Fepulea'i, for US$400,000 dollars, for terminating his contract in 2016.

The plaintiff's lawyer said the case would go ahead after a mediation between the parties had not been successful.

But the defendants had been successful with an application for the plaintiff to first make a surety payment of about US$14,000, before the hearing goes ahead.

Mr McGrath was seeking $US400,000 from the Samoa Rugby Union.

RNZ reports the judge said mediation on grievances between the head coach and the union was part of the contract but it didn't happen when the union terminated Mr McGrath's contract last year.

Mr McGrath has claimed wrongful dismissal and said the SRU and its chief executive defamed him.

The plaintiff has sought mediation but the SRU told the court it had enough evidence and wanted the court case to proceed.

Justice Nelson said 75 percent of impossible cases are settled by mediation.

RNZ reports defense counsel Semi Leung Wai confirmed to the court last week that they have been served with the claim motion, and asked for an adjournment.

Also included in the lawsuit is the SRU Chief Executive Officer Faleomavaega Vincent Fepuleai.

McGrath claims wrongful dismissal and that SRU had defamed him.

His service was terminated after the Sevens team failed to qualify for the Rio Olympics and still had over a year of his contract to run.

RNZ reports the Union CEO, Faleomavaega Vincent Fepulea'i, said the civil case will be heard for mention on the 19th of December.

He confirmed the legal action is seeking for more than $US400,000 in damages to be paid by the Union because of the termination of McGrath's contract.

The CEO has said he is one of the two defendants named in the civil action because of what he told the media about the Board's decision to terminate McGrath's contract.

RNZ reports the Englishman has been appointed head coach of the Canada men's sevens team, a month after being sacked by the Samoa Rugby Union.

He led Samoa to a ninth place finish during the World Series but they failed to qualify for the Rio Olympics.

McGrath said the past month has been a rollercoaster of emotions.

"From the shock of the dismissal and the upheaval and the legal issues that transpired in between and it's been a great weight off my shoulders to get the Canada job and I'm really looking forward to that," he said.

The Englishman, who led Samoa to a ninth place finish in the 2015/16 World Sevens Series, has broken his silence on his dumping, saying he can no longer let attempts to defame his character go unchallenged.

But, in a statement released over the weekend, Damian McGrath said despite numerous attempts to the contact the Samoa Rugby Union he still has not been given a reason why he was sacked.

McGrath told the Fiji Sun that he has applied for the position.

“Yes, I did apply,” McGrath said from England over the weekend.

Applications for the post left vacant at the expiry of the contract of Ben Ryan closed last Friday.

The Fiji Rugby Union board is expected to vet the applications this week.

McGrath is a former professional rugby league player who developed a successful career as a coach first in rugby league and then rugby union.

He is an education graduate who has written and lectured extensively in coaching skills.

RNZ reports Damian McGrath was appointed last year but his team failed to qualify for the Rio Olympics.

The SRU said the board reached the decision to readvertise the coach's job and those of the management team after reviewing the team's performance in the 2015/2016 season.

The SRU's chief executive Faleomavaega Vincent Fepuleai said the management team was welcome to reapply.

Last year, McGrath had been selected by an independent panel and endorsed by the Samoa Rugby Board to replace Fuimaono Titimaea Tafua, beating out 28 other applicants from Samoa and abroad.