The case involves a dispute between the Football Federation of Kazakhstan (FFK) and German football coach Oliver Pelzer, adjudicated by the Court of Arbitration for Sport (CAS). The conflict arose from FFK's termination of Pelzer's employment contract due to his illness, which Pelzer contested, claiming wrongful termination and unpaid salaries. The employment agreement, signed in January 2011, appointed Pelzer as Head Coach of Kazakhstan's Men’s U17 National Team until January 2013. The contract outlined termination conditions, salary terms, and dispute resolution mechanisms. In June 2011, Pelzer informed FFK of his need to return to Germany for health reasons, providing a medical certificate confirming his inability to work until June 19, 2011. FFK questioned his absence and later terminated his contract in October 2011, citing prolonged absence under Kazakhstani labor law. Pelzer argued his absence was justified by illness and demanded unpaid salaries and compensation for wrongful termination.
The case escalated to FIFA’s Players’ Status Committee, which ruled in Pelzer’s favor, ordering FFK to pay €36,011 in outstanding remuneration and €128,000 as compensation for breach of contract, plus interest if unpaid. FFK appealed to CAS, challenging the decision and raising procedural issues, including a failed attempt to disqualify an arbitrator. Despite being summoned, FFK did not attend the CAS hearing, citing unspecified visa issues. The CAS proceeded in FFK’s absence, examining whether the termination was justified. The panel emphasized that illness does not constitute a breach of contract under Swiss law, which governed the dispute subsidiarily to FIFA regulations. The agreement explicitly required FFK to pay Pelzer’s salary during illness for six months and did not grant FFK the right to terminate for temporary incapacity. The panel found Pelzer had provided valid medical certificates and intended to return, rejecting FFK’s claim of just cause for termination.
The CAS upheld FIFA’s decision, confirming Pelzer’s entitlement to €32,000 for unpaid salaries (June–September 2011), €3,300 for health insurance, €711 for travel expenses, and €128,000 as compensation for lost earnings until the contract’s end in January 2013. The ruling reinforced the principle that contractual obligations cannot be unilaterally terminated without just cause, particularly when incapacity stems from legitimate health concerns. The CAS dismissed FFK’s appeal, affirming the financial penalties and highlighting the importance of adhering to contractual terms and procedural fairness in employment disputes within sports governance. The decision underscored the validity of medical evidence across jurisdictions and the enforceability of FIFA’s regulations in resolving such conflicts.