The case involves a dispute between Green Gully Soccer Club and player Pedro Henrique Coelho de Oliveira regarding the termination of the player's employment contract. The club terminated the contract, citing the player's failure to meet fitness and attendance obligations, including repeated absences from training sessions despite multiple warnings. The dispute was initially brought before FIFA’s Dispute Resolution Chamber (DRC), which ruled in favor of the player, ordering the club to pay AUD 90,000 in compensation. The club appealed this decision to the Court of Arbitration for Sport (CAS), arguing that the termination was justified due to the player's persistent breaches of contractual obligations and that the DRC lacked jurisdiction.
The CAS examined whether the club had just cause to terminate the contract under Article 14 of the FIFA Regulations for the Status and Transfer of Players, which requires a material breach of significant severity. The arbitrator considered Swiss law, which governs such disputes, and emphasized that persistent or cumulative violations could justify termination. The club provided evidence of the player's repeated failures to attend training sessions, along with documented warnings, while the player did not dispute these facts but argued that proper disciplinary procedures were not followed. The arbitrator found that the player's conduct constituted a serious breach of confidence, justifying termination with just cause. The CAS also addressed jurisdictional issues, confirming that FIFA’s DRC had authority due to the international nature of the dispute involving a foreign player in Australia.
Regarding procedural fairness, the arbitrator dismissed claims of natural justice violations, noting the club had opportunities to engage in the process. Since the termination was deemed justified, no compensation or sporting sanctions were awarded. The CAS upheld the club’s appeal, overturning the DRC’s decision and dismissing the player’s claims. The ruling reinforced the principle that persistent breaches of core contractual obligations, especially after warnings, can warrant termination with just cause. The case highlights the importance of clear contractual terms, documented warnings, and adherence to procedural fairness in resolving employment disputes in sports. The decision aligns with CAS jurisprudence and Swiss legal principles, ensuring consistency in the application of contractual termination rules.