The case CAS 2010/A/2049 involved a dispute between Al Nasr Sports Club and a professional football player, F. M., concerning the unilateral termination of the player's employment contract. The contract, signed in 2006 for two years, stipulated a total payment of USD 2,000,000, including a sign-on fee. The club terminated the contract in June 2007, citing three grounds: unauthorized leave, inadequate performance, and involvement in a racist incident while on loan to another club. The player filed a claim with FIFA's Dispute Resolution Chamber (DRC), which ruled in his favor, ordering the club to pay USD 822,000. The club appealed to the Court of Arbitration for Sport (CAS), seeking annulment of the DRC's decision and arguing that the player had breached the contract.
The CAS Sole Arbitrator, Prof. Petros Mavroidis, upheld the DRC's decision, dismissing the club's appeal. The arbitrator found that the club lacked just cause for termination. On the issue of unauthorized leave, the club had not penalized the player for late returns from international duty for ten months, creating a presumption that the player believed he was exempt from liability. The club failed to provide evidence to rebut this presumption. Regarding inadequate sporting performance, the arbitrator ruled that, absent explicit contractual language, poor performance alone could not justify termination. As for the racist incident, while serious breaches could warrant termination, the club's four-month delay in acting invalidated this ground.
The arbitrator also addressed the sign-on fee, clarifying that it was a contractual obligation, not performance-based, and thus the club remained liable for this payment. The CAS confirmed the DRC's compensation calculation, deducting payments already made and earnings from the player's subsequent contract with another club. The appeal was dismissed, and the club was ordered to pay the awarded amount, with costs imposed on the club. The decision reinforced principles of contractual fairness and timely enforcement of disciplinary measures in football employment contracts.
The CAS ruling, issued on January 31, 2010, upheld the FIFA DRC's decision, requiring Al Nasr Sports Club to pay the player USD 822,000 and dismissing all further claims. The case underscored the importance of adhering to contractual terms and acting promptly in disciplinary matters, concluding the dispute with no further action required.