The case involves a dispute between Ukrainian football club FC Obolon and its former goalkeeper, Oleg Volodymyrovych Ostapenko, over the termination of Ostapenko’s employment contract. The conflict arose after Ostapenko was suspended for six months by the Discipline Committee of the Union of Professional Football Clubs of Ukraine (DC UPL) for misconduct during a match, including spitting at and verbally abusing a referee. The Football Federation of Ukraine Control and Discipline Committee (FFU CDC) later extended this suspension to the end of the 2010/2011 season. On January 31, 2011, FC Obolon terminated Ostapenko’s contract. Ostapenko challenged the termination, seeking unpaid wages, damages for unlawful dismissal, and a correction to his work record. The DC UPL initially ruled in favor of amending the work record but denied monetary claims. The FFU CDC later overturned this decision, ordering FC Obolon to pay Ostapenko UAH 1,090,000 in compensation and to amend his work record. FC Obolon appealed to the Football Federation of Ukraine Appeal Board (FFU AB), which partially upheld the FFU CDC’s ruling but modified the termination reason in the work record.
FC Obolon then took the case to the Court of Arbitration for Sport (CAS), seeking to overturn the FFU AB’s decision, reject the compensation award, and amend the termination reason. The club also sought indemnification for expenses incurred during Ostapenko’s suspension, including salary payments and costs for hiring replacement goalkeepers. CAS appointed a sole arbitrator, Stuart McInnes, who confirmed jurisdiction under the Football Federation of Ukraine’s statutes and the CAS Code of Sports-related Arbitration. The arbitrator dismissed FC Obolon’s request for provisional measures, finding no immediate prejudice to the club’s rights.
The arbitrator ruled that the termination violated Article 36 of the Labour Code of Ukraine, as the suspension was an administrative sanction, not a criminal penalty justifying dismissal. The arbitrator also found no grounds for termination under morality clauses or football regulations. The termination was deemed improperly recorded under Article 39 of the Labour Code, which covers employee-initiated terminations due to employer breaches. The arbitrator upheld Ostapenko’s right to compensation for the remaining contract period and outstanding payments, as per FFU regulations, while rejecting FC Obolon’s claims for financial losses.
The CAS upheld the FFU AB’s decision, declaring the termination illegal and affirming Ostapenko’s entitlement to compensation. The ruling emphasized compliance with labor laws and football regulations in employment disputes, dismissing FC Obolon’s appeal and rejecting all further claims. The case highlights the importance of contractual compliance and the role of arbitration in resolving sports-related disputes. The arbitrator’s final decision reinforced the FFU’s original ruling, ensuring Ostapenko received fair compensation for the wrongful termination of his contract.