The Court of Arbitration for Sport (CAS) resolved a dispute between Kayserispor Kulübü Derneği and Zurab Khizanishvili concerning unpaid salaries and fines imposed by the club on the player. The case originated from the FIFA Dispute Resolution Chamber (DRC), which had ruled in favor of the player, ordering the club to pay €254,483 plus interest for unpaid wages and bonuses. The club appealed to CAS, arguing that fines it imposed on the player for alleged breaches of contract, such as unauthorized absences and poor performance, should offset the outstanding payments. The player contested the validity of these fines, claiming he was never properly notified or given a chance to defend himself.
The CAS upheld the DRC's decision, emphasizing that fines must adhere to principles of fairness and due process. Under Swiss law, which supplemented FIFA regulations in this case, contractual penalties must be reasonable and proportionate. The arbitrator found the club's fines excessive and lacking proper justification, particularly as they were imposed without evidence of communication or opportunity for the player to object. The fines, totaling €148,300, were deemed null and void because the club failed to demonstrate procedural fairness or contractual clarity. The arbitrator also ruled that fines for poor performance are invalid unless explicitly stipulated in the contract and based on objective criteria, which were absent here.
The CAS dismissed the club's appeal, confirming the player's entitlement to the unpaid remuneration without any offset for the voided fines. The decision reinforced the importance of contractual transparency and procedural fairness in disciplinary actions within employment contracts. It also highlighted that clubs cannot unilaterally impose arbitrary penalties to reduce financial obligations to players. The ruling underscored CAS's role in interpreting FIFA regulations and ensuring equitable outcomes in sports disputes. The case serves as a precedent for protecting players from unjust disciplinary measures while upholding the integrity of contractual agreements in professional sports. The final decision left no room for further appeals, solidifying the player's right to the awarded compensation.