The case revolves around a contractual dispute between Sønderjysk Elitesport A/S (the Club) and Bosun Ayeni (the Player) following the termination of the Player's employment contract. The Club terminated the contract on March 26, 2008, citing gross misconduct after the Player headbutted a teammate during a training session. The Player contested the termination, alleging racial provocation and claiming the Club failed to conduct a proper investigation or provide him with a fair hearing. The dispute was initially brought before the FIFA Dispute Resolution Chamber (FIFA DRC), which ruled partially in favor of the Player, ordering the Club to pay DKK 250,000 in compensation. The Club appealed this decision to the Court of Arbitration for Sport (CAS), arguing the termination was justified under Danish labor law and FIFA regulations.
The CAS examined whether the headbutt constituted gross misconduct warranting immediate termination. While acknowledging that such an act could qualify, the CAS emphasized the need to evaluate the circumstances, including the Player's claim of racial provocation. The Club maintained it had conducted an investigation, but the CAS found the process insufficient, as the Player was not thoroughly interviewed before the termination. The CAS also noted that under Danish law, termination without notice requires a case-by-case assessment of the breach's severity. FIFA regulations permit termination for just cause in cases of persistent misconduct, but a single incident may not suffice. The CAS referenced Swiss law, which does not reduce compensation based on contributory negligence, and found the Club failed to prove the Player had mitigated his losses by securing alternative employment.
The Player sought additional compensation, including punitive damages for alleged career truncation, but the CAS focused on the contractual dispute. The Club requested the annulment of the FIFA DRC's decision and alternatively sought a reduction in compensation. The CAS upheld the FIFA DRC's ruling, concluding the termination lacked just cause due to the Club's failure to follow proper procedures and investigate adequately. The decision highlighted the importance of due process and thorough investigations before imposing severe sanctions like contract termination.
Regarding compensation, the CAS applied Article 17 of FIFA Regulations, as the contract lacked a damages calculation mechanism. The unpaid balance of the contract amounted to DKK 532,000, but the CAS's jurisdiction was limited to the DKK 250,000 awarded by the FIFA DRC. The Club provided no substantive arguments for reducing this amount, and the CAS found no legal basis to do so. The Player's minimal post-termination earnings as a cleaner were deemed irrelevant to the compensation calculation.
In its final ruling, the CAS dismissed the Club's appeal and affirmed the FIFA DRC's decision, ordering the Club to pay the stipulated compensation. The case underscores the complexities of employment disputes in sports, particularly regarding misconduct, contractual breaches, and the need for fair disciplinary processes. The ruling reinforces the principle that clubs must adhere to due process and consider all circumstances before terminating contracts for just cause.