The case involves a dispute between professional football player Grzegorz Rasiak and Cypriot club AEL Limassol regarding the termination of Rasiak’s employment contract. The dispute was brought before the Court of Arbitration for Sport (CAS), which examined whether the termination was justified and the appropriate compensation for Rasiak. The club terminated the contract on April 20, 2011, citing Rasiak’s refusal to sign UEFA-related documents and unprofessional behavior, but Rasiak contested this as unlawful. The CAS panel, composed of legal experts from Israel, England, and Cyprus, addressed several key issues, including the scope of appeal proceedings, the obligation to mitigate damages, and the calculation of compensation under FIFA regulations and Swiss law.
The panel confirmed that the termination occurred without just cause, as the club failed to substantiate its claims of misconduct by Rasiak. It distinguished between unpaid remuneration owed before termination and compensation for the breach itself. Rasiak was awarded EUR 81,833.33 for outstanding salaries, bonuses, and housing allowances up to the termination date, with interest. The panel also calculated compensation for the remaining contract period, awarding EUR 382,115.69 for lost salaries and bonuses, adjusted for earnings from his subsequent contract with Jagiellonia Bialystok. Additionally, due to aggravating circumstances, including the termination during a protected period and the club’s refusal to let Rasiak train, the panel awarded an extra EUR 82,500.00, bringing the total compensation to EUR 464,615.69. Interest of 5% per annum was applied to all amounts from the day after termination.
The panel rejected some of Rasiak’s claims, such as reimbursement for flight tickets and legal costs from FIFA proceedings, as they were not raised earlier. It also dismissed his claim for a contract extension, ruling that the club’s championship win in the 2011-12 season did not trigger an automatic renewal since Rasiak did not meet the required goal-scoring condition. The decision underscored the importance of contractual stability in football and the principle of "positive interest," which aims to place the injured party in the position they would have been in had the contract been fulfilled. The ruling highlighted the challenges players face in securing new employment after unjust termination, particularly due to FIFA’s regulatory framework, which imposes liabilities on new clubs.
Ultimately, the CAS panel upheld Rasiak’s appeal in part, setting aside the FIFA Dispute Resolution Chamber’s earlier decision and ordering AEL Limassol to pay the specified amounts. The case illustrates the complexities of employment disputes in professional sports, balancing contractual obligations with the practical realities of career mobility and financial redress. The panel’s decision reinforced the need for fair compensation and adherence to contractual terms, ensuring stability and fairness in player-club relationships.