The Court of Arbitration for Sport (CAS) issued an award on 14 January 2014 in the dispute between FC Volyn and Issa Ndoye, concerning the termination of an employment contract. The case originated from FC Volyn's appeal against a FIFA Dispute Resolution Chamber (DRC) decision that ordered the club to pay Ndoye USD 794,000 for breaching his employment agreement. The CAS panel, composed of Prof. Petros Mavroidis, Mr. Geraint Jones, and Mr. Raymond Hack, addressed several legal issues, including time limits for filing appeals, applicable law, and the concept of just cause for contract termination. The panel clarified that under Article R32.1 of the CAS Code, the time limit for filing an appeal begins the day after the decision is notified, making FC Volyn's appeal timely. Regarding applicable law, the panel ruled that FIFA regulations take precedence over national laws when an employment agreement references them, ensuring uniformity in international sports disputes. Swiss law applies subsidiarily to fill gaps in FIFA regulations.
The dispute centered on Ndoye's termination of his contract with FC Volyn, citing unpaid salaries and benefits as just cause. The club failed to pay Ndoye USD 250,000 due in July 2010 and salaries from October 2010 to January 2011, totaling USD 60,000. Ndoye notified the club of the breach and terminated the contract in June 2011, filing a claim with FIFA's DRC. The DRC ruled in Ndoye's favor, ordering FC Volyn to pay outstanding remuneration and compensation for breach of contract. FC Volyn appealed to CAS, arguing that Ndoye had breached his obligations by missing training sessions and that Ukrainian law should govern the dispute. The club also claimed financial difficulties justified withholding payments. Ndoye countered that FIFA regulations and Swiss law applied, and his termination was justified due to persistent non-payment.
The CAS panel examined the concept of just cause under Article 14 of FIFA's Regulations on the Status and Transfer of Players, which permits termination for substantial breaches. The panel found that FC Volyn's non-payment of salaries for over three months constituted just cause, undermining trust in the contractual relationship. Witness testimony revealed that players had no choice but to accept delayed payments, refuting FC Volyn's claim of mutual agreement. The panel also dismissed the club's allegations of Ndoye's misconduct, as no formal sanctions were imposed during the contract period.
Regarding compensation, the panel upheld the FIFA DRC's award of USD 299,200 for unpaid remuneration and USD 495,000 for breach of contract, rejecting FC Volyn's argument that Ndoye's behavior should reduce the amount. The panel also declared Ndoye's counterclaim for additional damages inadmissible, as counterclaims filed after 2010 are not permitted under the CAS Code unless part of an appeal. The CAS dismissed FC Volyn's appeal, confirmed the FIFA DRC's decision, and emphasized the enforceability of contractual obligations in sports employment agreements. The ruling highlights the importance of adhering to FIFA regulations and the limited grounds for challenging compensation awards in such disputes.