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2014 Football Contractual litigations Dismissed English Appeal Procedure

Parties & Representatives

Appellant: Manisaspor Club
Appellant Representative: Emre Hasgör
Respondent: Jimmy Dixon
Respondent Representative: Mümin Adigüzel

Arbitrators

President: Lars Hilliger

Decision Information

Decision Date: September 24, 2014

Case Summary

The case involves a contractual dispute between Manisaspor Club, a Turkish football club, and Jimmy Dixon, a Liberian professional football player, regarding the termination of Dixon's employment contract due to unpaid salaries. The dispute was initially reviewed by FIFA's Dispute Resolution Chamber (DRC) and later appealed to the Court of Arbitration for Sport (CAS). The central issue was whether Dixon had just cause to terminate his contract with Manisaspor, given the club's failure to meet its financial obligations. The parties had signed multiple contracts, including an initial agreement in 2009 and subsequent amendments, which stipulated Dixon's salary, transfer advance payments, and per-match fees. By March 2012, Dixon claimed the club owed him EUR 110,000 in unpaid wages. After repeated payment requests went unanswered, Dixon terminated the contract in April 2012 and filed a claim with FIFA, seeking EUR 534,170 in unpaid salaries and compensation for breach of contract. Manisaspor contested the amount, arguing they had already paid Dixon EUR 753,178 and owed only EUR 65,976. They also accused Dixon of acting in bad faith, alleging his departure was motivated by the club's relegation.

The FIFA DRC ruled in Dixon's favor, finding that the club's failure to pay salaries for over six months constituted a serious breach under Article 17 of FIFA's Regulations on the Status and Transfer of Players (RSTP). The CAS upheld this decision, emphasizing that under Swiss law and CAS jurisprudence, the burden of proof lay with Manisaspor, which failed to substantiate its claims of a deferred payment plan. The CAS confirmed Dixon's entitlement to outstanding remuneration and compensation for the early termination of his contract. The compensation was adjusted to account for Dixon's subsequent earnings from new contracts with BK Häken in Sweden and Boluspor in Turkey. The final award required Manisaspor to pay Dixon EUR 207,571, with EUR 65,976 subject to an annual interest rate of 5% from 8 May 2012 until payment.

The CAS dismissed Manisaspor's appeal, upholding the FIFA DRC's decision and reinforcing the importance of clubs fulfilling their financial obligations to players. The ruling highlighted the legal consequences of contractual breaches in professional sports, particularly the principle that unpaid salaries can justify a player's termination of their contract with just cause. The case underscores the role of evidence in such disputes, as Manisaspor's inability to prove its claims led to the dismissal of its appeal. The decision serves as a precedent for similar cases, affirming players' rights to compensation when clubs fail to meet their financial commitments. The final ruling is binding, with no further grounds for appeal.

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