The Court of Arbitration for Sport (CAS) issued an award on April 6, 2016, resolving a dispute between Hønefoss Ballklubb and Costa Rican footballer Heiner Mora Mora, along with Belén FC. The case centered on the termination of Mora's employment contract with Hønefoss, with the CAS panel composed of Dirk-Reiner Martens, Lars Halgreen, and José Juan Pintó addressing jurisdictional, legal, and substantive issues. The panel confirmed CAS jurisdiction under Article R47 of the CAS Code, as both parties implicitly accepted arbitration by participating without objection. The applicable law was determined to prioritize FIFA's Regulations on the Status and Transfer of Players (RSTP), supplemented by Swiss law for interpretation, with Norwegian law applying subsidiarily to matters outside FIFA's scope.
The dispute arose when Mora terminated his contract in July 2013, citing unpaid salaries for May and June 2013 as just cause under the RSTP. Hønefoss contested the termination, arguing it was unlawful and sought compensation, including reimbursement of a NOK 25,500 deposit and an unamortized transfer fee. The club also requested sporting sanctions against Mora and joint liability for Belén FC. The panel examined whether FIFA's Dispute Resolution Chamber (DRC) had jurisdiction, noting that while the contract initially designated Norwegian arbitration, Hønefoss failed to challenge FIFA's jurisdiction during DRC proceedings, precluding a later objection at CAS.
On the merits, the panel found Mora lacked just cause under the RSTP for immediate termination, as the salary delays (one month and two days) were not substantial enough, and Mora had not provided prior notice to the club. However, the panel upheld Mora's contractual right to terminate with one month's notice under clause C of Appendix 1, which allowed termination for salary delays exceeding a month. Consequently, Mora was awarded NOK 229,354.83 for outstanding salaries (May-July 2013) and USD 5,168 for travel costs, both with 5% annual interest from their respective due dates. Hønefoss's claim for the NOK 25,500 deposit was granted, with Mora ordered to repay the amount plus interest.
The panel dismissed Hønefoss's requests for sporting sanctions, as FIFA was not a respondent, and CAS lacks authority to impose such measures without FIFA's involvement. The club's claim for legal cost reimbursement was also denied due to insufficient evidence. The final award partially upheld Hønefoss's appeal, adjusting the DRC's decision while reinforcing contractual stability and procedural adherence in football disputes. The case underscores the interplay between contractual terms, FIFA regulations, and national law in resolving international football conflicts.