The case involves a dispute between Club Osmanlispor FK, a Turkish football club, and Thomas Mark Friedrich, a German football coach, over the termination of Friedrich's employment contract. The contract, signed in July 2015, was set to run until May 2018 and included a fixed salary, bonuses, and additional benefits. In April 2016, the club terminated the contract unilaterally, citing just cause, alleging Friedrich had left Turkey without permission and failed to respond to warnings. Friedrich contested the termination, claiming it was unjust and sought unpaid salaries, bonuses, and damages totaling EUR 167,000. The dispute was initially brought before FIFA's Players' Status Committee (PSC), where Friedrich argued the club breached the contract without just cause, while the club maintained Friedrich had abandoned his duties. The PSC ruled in Friedrich's favor, prompting the club to appeal to the Court of Arbitration for Sport (CAS).
The CAS panel, led by a sole arbitrator, reviewed the case de novo, examining the facts and legal arguments. The arbitrator emphasized procedural fairness, admitting newly submitted English translations of documents originally provided in Turkish, which the PSC had deemed insufficient. The key issue was whether the club had just cause to terminate the contract. The arbitrator found Friedrich's prolonged absence without explanation constituted a breach of his contractual obligations, justifying the termination. The arbitrator dismissed Friedrich's claim that he was dismissed earlier, in February 2016, due to unreliable evidence. The club's actions, including sending notices in March 2016 and terminating the contract in April 2016, supported the conclusion that Friedrich's absence was the reason for termination.
The CAS upheld the club's appeal, overturning the PSC's decision and ruling the termination was justified. Friedrich was not entitled to compensation, and the club was not required to pay his salary for March 2016, as his absence during that period was undisputed. The decision reinforced the principle that unilateral contract termination requires demonstrable just cause, particularly in cases of employee misconduct. It also highlighted the importance of credible evidence and procedural fairness in arbitration proceedings. The ruling resolved the dispute in the club's favor, dismissing Friedrich's claims and affirming the employer's rights under employment contracts in professional sports. The case underscores the legal complexities and procedural considerations in resolving such disputes within the framework of sports arbitration.