The Court of Arbitration for Sport (CAS) issued a ruling on June 17, 2020, in the dispute between Olympique des Alpes SA (OLA) and footballer Geoffrey Mujangi Bia, alongside Kayserispor Kulübü Dernegi. The case centered on the unilateral termination of Mujangi Bia's contract by OLA on May 31, 2017, which the club claimed was justified due to alleged physical aggression by the player against the club's president, Christian Constantin, and deliberate underperformance in a match. The tribunal, composed of Jacques Radoux, Olivier Carrard, and Carine Dupeyron, examined whether OLA had just cause for termination under Swiss law and FIFA's Regulations on the Status and Transfer of Players (RSTP).
The tribunal found OLA's evidence insufficient to prove the alleged assault or misconduct, noting inconsistencies in witness testimonies and the lack of credible documentation. Consequently, the termination was deemed unjustified. Under Swiss law, unjustified termination by an employer typically results in a penalty payment capped at six months' salary. The tribunal also addressed the classification of loyalty bonuses, ruling they constituted part of the player's salary as they were contractually predetermined.
Financial disputes included unpaid loyalty bonuses and salaries. OLA acknowledged owing EUR 122,969.89, while Mujangi Bia claimed EUR 403,260.10. The tribunal recalculated the owed amount to EUR 274,999.12, accounting for insurance coverage limits and days of incapacity due to injury. The player was awarded this sum plus 5% annual interest from June 1, 2017. Additionally, the tribunal upheld a symbolic penalty of one month's salary (EUR 34,000) for the unjust termination, as permitted under Swiss law, rejecting OLA's argument that the player's subsequent higher-paying contract with Kayserispor negated this compensation.
OLA's counterclaim for EUR 1,250,000 in damages, alleging Kayserispor induced the player to breach his contract, was dismissed due to lack of evidence. The tribunal found no contact between the player and Kayserispor before the termination, absolving the club of liability. The CAS affirmed the FIFA Dispute Resolution Chamber's decision, with minor adjustments, and ordered OLA to bear arbitration costs. The ruling underscored the necessity of credible evidence for contract terminations and reinforced the protection of players' contractual rights under Swiss and FIFA regulations. The decision highlighted the balance between contractual obligations and the principles of fairness in employment disputes within professional sports.