The case involves a dispute between Ukrainian football club FC Kryvbas and Albanian professional player Dorian Bylykbashi, centered around unauthorized absences and subsequent disciplinary sanctions. The arbitration was conducted by the Court of Arbitration for Sport (CAS), with Mark Hovell as the sole arbitrator. The conflict arose from the player's alleged unauthorized leave during training camps and matches in 2010, prompting the club to impose financial penalties. The player and club had entered into an employment contract in July 2009, with an annex outlining financial obligations and potential sanctions. The player was absent without permission during a January 2010 training camp in Turkey and again in May 2010 before a crucial match, leading the club to withhold his May salary. He also missed a June training camp, resulting in further salary deductions.
The key legal issues revolved around whether the absences were authorized and the interpretation of the contract's disciplinary clause. The arbitrator concluded the player's absences were unauthorized, as it was unlikely the club would permit leave before important matches. The contract's annex listed fines for disciplinary violations, including "100% of salary" for unauthorized leave. The club interpreted this as withholding the entire monthly salary (USD 45,000), but the arbitrator ruled this unreasonable, stating the fine should only apply to the days of absence, not the full month. The decision emphasized that unclear contractual terms must be interpreted logically and proportionately.
In June 2010, the player missed additional training sessions and physical examinations, leading the club to withhold his June salary. The player refused to provide written explanations or sign related documents. After his contract expired, he filed a claim with FIFA’s Dispute Resolution Chamber (DRC) in December 2010, seeking USD 90,000 in unpaid salaries for May and June. The FIFA DRC ruled in his favor in May 2012, ordering payment with 5% annual interest for late payment. FC Kryvbas appealed to CAS in November 2012, arguing the FIFA DRC’s decision was unfounded. The case proceeded based on written submissions due to the club's insolvency and lack of engagement.
The arbitrator addressed three main issues: the May 2010 absence, the June 2010 absence, and interest on owed sums. For May, the player was absent for 11 days without permission, and the club was entitled to deduct 11/31 of his salary (USD 15,967), leaving USD 29,033 to be paid. For June, the player missed five days, and the club could deduct 5/30 of his salary (USD 7,500), leaving USD 37,500 to be paid. The arbitrator upheld the FIFA DRC’s decision on interest, ruling 5% annual interest would apply from 26 November 2012 until full payment.
In the final decision, the arbitrator partially allowed the appeal, ordering FC Kryvbas to pay the player USD 66,533 plus 5% interest from 26 November 2012. The CAS upheld this ruling in October 2013, replacing the FIFA DRC’s decision. The case underscores the importance of clear contractual terms and proportionate disciplinary measures in sports employment disputes. It also highlights the challenges of resolving conflicts when evidence is contested and parties disengage from proceedings. The arbitrator’s decision balanced the club’s right to impose sanctions with the player’s entitlement to fair penalties.