CAS 2021/A/8042

In a recent arbitration case, a professional football player, represented by the team of attorneys, us included, filed a claim against a football club for unpaid wages and breach of contract. The dispute was ultimately resolved by the Court of Arbitration for Sport (CAS).

Background

In October 2020, the player signed a contract with the club, valid until April 2022, with a monthly salary and additional benefits. However, by January 2021, the player had not received his full salary for several months. Despite repeated requests for payment, the club failed to pay the outstanding amounts.

Termination of Contract

Frustrated by the non-payment, the player left the country and terminated his contract in January 2021, citing just cause due to the club’s failure to fulfill its financial obligations. He then filed a claim with FIFA’s Dispute Resolution Chamber (DRC), which ruled in his favor, awarding him compensation for unpaid wages and breach of contract.

Appeal to CAS

The club appealed the decision to the CAS, arguing that the FIFA DRC lacked jurisdiction and that the player did not have just cause for termination. They also claimed the player owed them for damages related to his departure. The CAS reviewed the case and upheld the majority of the FIFA DRC’s decision and slightly adjusted the outstanding remuneration amount due to recalculations of the unpaid salary portions. One of the key points in the case was the assessment of the jurisdiction FIFA DRC over national DRC.

Outcome

The CAS confirmed that the club must pay the player for outstanding wages and as compensation for breach of contract, along with interest per annum until full payment. The club’s claims against the player were dismissed, resulting in a successful, final and binding award in favour of player.