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2015 Football Contractual litigations Partially Upheld English Appeal Procedure

Parties & Representatives

Appellant Representative: Christophe Bertrand
Respondent: AEL Limassol
Respondent Representative: Lysandros Lysandrou

Arbitrators

President: Lars Hilliger

Decision Information

Decision Date: January 15, 2015

Case Summary

The case involves a contractual dispute between French professional football player Patrick Leugueun Nkenda and Cypriot club AEL Limasol FC, adjudicated by the Court of Arbitration for Sport (CAS). The dispute arose from the player's termination of his employment contract in January 2013, citing unpaid salaries and other financial obligations by the club. The contract, signed in June 2011, included a 90-day grace period for salary payments, along with additional benefits such as signing fees and accommodation allowances. The player suffered an Achilles tendon injury in January 2012, which sidelined him for the remainder of the season. Despite resuming training in June 2012, the club refused to allow him to participate in preparations for the new season. The player repeatedly requested unpaid salaries and proper medical care, sending multiple letters between June and September 2012. Although the club made partial payments, delays persisted, leading the player to terminate the contract and file a claim with FIFA for unpaid wages and breach of contract. The club countered by invoking the grace period and alleging the player owed them for a car accident and tax liabilities. The FIFA Dispute Resolution Chamber (DRC) initially ruled that the grace period was valid, meaning salaries for October to December 2012 were not overdue at the time of termination, and thus the player's termination was without just cause. The DRC partially accepted the player's claim, ordering the club to pay EUR 26,520 for unpaid salaries and accommodation, plus interest. The player appealed to CAS, which conducted a hearing in September 2015. The CAS Panel examined the validity of the grace period, the player's termination, and the club's financial obligations. It found that the grace period applied to all monthly salaries, not just the first payment, and that the player had implicitly accepted this arrangement by not objecting earlier. The Panel ruled that the termination was unjustified, as the club had not breached the contract within the grace period. However, it acknowledged the club's failure to pay salaries for October 2012 to January 2013 and other expenses, ordering the club to pay the player EUR 49,483 for unpaid salaries and EUR 5,270 for additional expenses, totaling EUR 54,753 with 5% annual interest from the date of the initial claim. The CAS decision underscored the importance of contractual terms and the burden of proof in disputes, emphasizing that unilateral termination requires clear, valid reasons. The case highlights the complexities of employment disputes in professional football, particularly regarding payment terms and contractual compliance. The Panel's ruling balanced the parties' obligations, ensuring fairness while upholding the agreed contractual terms. The decision reinforced the principle that contractual terms, once mutually accepted, bind both parties unless a serious breach occurs. The case serves as a reminder of the legal and financial implications of contractual disputes in sports, and the role of arbitration bodies like CAS in resolving such conflicts.

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