The case CAS 2020/A/6727 Benjamin Acheampong v. Zamalek Sports Club, decided on December 8, 2020, involved a dispute over the termination of an employment contract between the player Benjamin Acheampong and Zamalek Sports Club. The arbitration panel, composed of Mr. Hendrik Willem Kesler, Mr. Mark Hovell, and Mr. Espen Auberg, examined the legal framework under FIFA Regulations on the Status and Transfer of Players (RSTP) and Swiss law. The dispute centered on whether the player had just cause to terminate his contract due to the club's alleged breaches, including unpaid salaries and unfair treatment.
The panel referenced amendments to Article 14 of the FIFA RSTP, which introduced provisions addressing abusive behavior and overdue salaries as grounds for contract termination. These changes aligned with existing jurisprudence but added procedural requirements like a 15-day notice period. The panel emphasized that a player cannot waive entitlements for work already performed, as such waivers would be null and void under Swiss law. The club’s failure to pay salaries constituted a breach, justifying the player’s termination of the contract. The panel also addressed the club’s exploitation of the player’s vulnerable position by withholding his International Transfer Certificate (ITC) to pressure him into signing a settlement agreement waiving his financial claims. This conduct was deemed exploitative under Swiss law, which requires proof of straitened circumstances, exploitation of vulnerability, and a clear disparity in contractual terms.
The factual background revealed disputes over the player’s absence from training, alleged mistreatment by the club’s president, and attempts to force the player into terminating his contract or accepting a loan. The club denied these allegations, claiming the player failed to report for preseason training. However, the panel found the player’s account credible, particularly regarding the coercive meeting with the club’s president. The player terminated his contract on August 6, 2018, citing just cause due to the club’s failure to register him, exclude him from training, pay owed salaries, or respond to notices. The club attempted to contact him afterward, but the player pursued legal action, reserving the right to file a claim with FIFA’s Dispute Resolution Chamber.
The panel ruled that while the player terminated the contract, the club’s breaches were the root cause, making it liable for damages. Article 17(1)(ii) of the FIFA RSTP entitled the player to additional compensation for overdue salaries, potentially up to six months' wages in egregious cases. The panel also stressed the importance of substantiated claims, ensuring parties provide sufficient detail for fair legal assessment. The panel concluded that the player had just cause to terminate the contract with Zamalek due to the club’s persistent non-payment and other aggravating factors, such as pressuring the player to accept unfavorable terms. The club was ordered to pay outstanding remuneration of USD 169,303, plus interest, and compensation for breach of contract totaling USD 787,308, with interest at 5% per annum from specified dates.
The panel dismissed other claims, including housing costs, due to insufficient evidence. The ruling emphasized compliance with Swiss procedural law and FIFA regulations, ensuring the player was fairly compensated for the club’s breach of contract. The decision set aside the earlier FIFA ruling and partially upheld Acheampong’s appeal, concluding all other motions or prayers for relief were dismissed. The case underscores the complexities of contractual disputes in sports, particularly regarding the enforceability of settlement agreements and the burden of proof in claims of coercion. It also highlights the importance of protecting players’ rights and ensuring clubs adhere to regulatory frameworks in good faith.