The Court of Arbitration for Sport (CAS) ruled on a dispute between Al Salmiya SC and player Atanas Bornosuzov regarding the termination of the player's contract. The case originated when Al Salmiya terminated the contract on December 6, 2008, citing alleged misconduct, including unauthorized leave, professional misconduct during matches, failure to attend training sessions, and breaches of contractual obligations related to accommodation and transport. The player contested the termination, claiming he had verbal permission for his leave and that the club failed to provide proper accommodations and unpaid salaries. The dispute was initially brought before FIFA's Dispute Resolution Chamber (DRC), which ruled in favor of the player, ordering Al Salmiya to pay compensation for unjust termination, unpaid salaries, and hotel expenses.
Al Salmiya appealed the FIFA DRC decision to CAS, but the appeal faced procedural challenges, including missed deadlines and incorrect submissions. The CAS Sole Arbitrator found these errors did not warrant dismissal, as the club acted in good faith to rectify them. On substantive grounds, the arbitrator emphasized that only material breaches justify contract termination under FIFA regulations and CAS jurisprudence. The club failed to prove the player's leave was unauthorized, as there was no evidence contradicting the player's claim of verbal permission and no scheduled club activities during his absence. The arbitrator also noted the club's failure to follow disciplinary procedures, such as issuing warnings or holding internal proceedings before termination, which is a requirement under CAS rules.
Regarding allegations of misconduct, including spitting at a referee, the arbitrator found no evidence of severity or repeated offenses, which are necessary to justify termination. Similarly, claims of missed training sessions lacked specific evidence and prior disciplinary measures. The arbitrator dismissed the club's argument about the player breaching accommodation clauses, stating such minor breaches would not warrant termination but might only affect reimbursement rights.
Ultimately, the CAS upheld the FIFA DRC's decision, ruling the termination unjustified and ordering Al Salmiya to pay the player EUR 42,840 in compensation, plus interest, along with EUR 12,100 for unpaid salary and hotel expenses. The decision reinforced the principles of contractual stability, procedural fairness, and the need for evidence-based disciplinary actions in sports employment disputes. The case highlights the importance of adhering to contractual and procedural requirements when terminating player contracts in professional football.