The Court of Arbitration for Sport (CAS) ruled on a dispute between FC Aris Limassol and Jiří Mašek concerning the termination of an employment contract. The case revolved around whether the club had just cause to terminate the contract and the validity of clauses related to medical examinations. The panel, consisting of Prof. Petros Mavroidis, Mr. Michele Bernasconi, and Mr. Goetz Eilers, issued its award on 27 August 2014. The key legal principles established included the mandatory nature of Article 18(4) of FIFA's Regulations on the Status and Transfer of Players (RSTP), which states that a contract's validity cannot depend on a successful medical examination or work permit. Clubs must conduct due diligence before signing a player, and once a contract is signed, it must be honored unless there is just cause for termination. Any clause contradicting this rule is unenforceable.
The tribunal clarified that an unsuccessful medical test may justify rescission only if the player's medical condition is so severe that the employer could not reasonably fulfill the contract, provided the employer was unaware of the condition beforehand. If the club knew about the player's medical issues, it cannot later claim just cause based on those same issues. The case also addressed the concept of "just cause" for termination, emphasizing it must be a serious breach of contract that fundamentally undermines the employment relationship. The club argued that the player's refusal to train constituted just cause, but the burden of proof rested on the club to demonstrate this. The tribunal noted that if a player fails to attend work without justification, the employer may terminate the contract, but formal notice must be given if the player's intentions are unclear.
Regarding compensation for unjustified termination, the tribunal applied the principle of "positive interest," aiming to place the injured party in the position they would have been in had the contract been properly performed. In the specific dispute, FC Aris Limassol signed a two-year contract with Mašek in 2010, knowing he had undergone Achilles tendon surgery. The contract included a clause allowing termination if he failed a medical examination by a specified date. However, the tribunal found this clause invalid under Article 18(4) RSTP. The club terminated the contract, claiming the player refused to train, but the tribunal ruled that the club failed to prove just cause, as it had been aware of his medical condition from the outset.
The CAS upheld the FIFA Dispute Resolution Chamber's decision, finding that FC Aris Limassol unjustly terminated the contract and was liable for compensation. The ruling reinforced the principle that clubs must honor signed contracts unless there is a clear and serious breach by the player, and due diligence must be exercised before entering into agreements. The case highlights the conflict between contractual terms and FIFA regulations, emphasizing the protection of players' rights against unjust termination based on medical conditions. The final ruling reinforced the principle that employment contracts cannot be contingent on medical outcomes, ensuring fairness in player-club agreements.
The Swiss Federal Court and CAS ruled that the club was not justified in terminating the contract with immediate effect. The club had signed the agreement fully aware of the player's medical condition, and his slower-than-expected recovery did not constitute a breach of contract. The club's claim that the player refused to train was dismissed, as no evidence was provided to substantiate this allegation or show that the club had issued a formal warning. The player contested the termination and expressed readiness to continue fulfilling his contractual obligations. The CAS panel found the termination lacked just cause, violating the principle of contractual stability, which is essential in international football. Under Swiss law, a termination without notice ends the contract immediately, even if unjustified. The panel upheld the DRC's decision, awarding the player €70,000 in compensation, corresponding to unpaid salaries minus earnings from subsequent contracts.
The CAS ultimately rejected FC Aris Limassol's appeal, affirmed the DRC's decision, and dismissed all other claims. The ruling emphasizes the importance of respecting contractual obligations and the principle of pacta sunt servanda (agreements must be kept) in employment relationships, particularly in sports. The case underscores that employers must provide valid justifications for immediate terminations and adhere to procedural requirements, such as formal warnings, before taking such actions. The decision reinforces contractual stability as a cornerstone of professional football.