The case involves a dispute between Brazilian football player Robson Vicente Gonçalves and Israeli club Hapoel Keter Tel Aviv FC regarding the termination of an employment contract signed in July 2007, valid until the end of the 2010/2011 season. The contract included salary details, signing-on fees, and additional benefits such as flight tickets, an apartment, and a car. In January 2008, the player signed two documents—one in Hebrew and one in English—which the club claimed terminated the contract, while the player argued he did not understand the Hebrew document and believed it was merely a receipt. The player later transferred to Botafogo de Futebol e Regatas in Brazil and subsequently to other clubs, with Hapoel Tel Aviv retaining his registration during loan periods.
The dispute centered on whether the January 2008 documents legally terminated the contract and whether the player had just cause to terminate it unilaterally in July 2009, citing the club's refusal to reintegrate him after loan spells. The player filed a claim with FIFA’s Dispute Resolution Chamber (DRC), seeking unpaid salaries, contract value, flight reimbursement, and interest. The club countered that the contract had been mutually terminated in January 2008 and denied further obligations. The FIFA DRC initially ruled in favor of the club, but the player appealed to the Court of Arbitration for Sport (CAS).
CAS examined the validity of the termination documents under Swiss law and FIFA regulations, emphasizing that parties are generally bound by signed agreements unless the content is unclear. The Sole Arbitrator found the Hebrew document ambiguous and noted the parties' subsequent conduct, including the club’s approval of loan agreements, suggested the contract remained in effect. The Arbitrator concluded the contract was not terminated in January 2008 and that the player had just cause to terminate it in July 2009 due to the club’s refusal to allow him to train or play.
The Arbitrator awarded the player compensation for unpaid wages and signing-on fees, totaling ILS 3,098,588.33, minus earnings from other clubs, resulting in a net award of ILS 2,679,829.04, plus USD 2,787 for flight expenses, both with 5% annual interest. The decision highlighted the importance of clear contractual terms and the need for clubs to uphold their obligations to avoid breaches justifying unilateral termination. The case underscores the complexities of international football contracts, loan agreements, and the legal recourse available through FIFA and CAS. The final ruling partially upheld the player’s claims, setting aside the FIFA DRC’s decision and dismissing all other relief requests.