The case CAS 2020/A/6959 involves a dispute between Akhisar Belediye Gençlik ve Spor Kulübü Dernegi (the Club) and Dany Achille Nounkeu Tchounkeu (the Player) regarding the termination of an employment contract. The Player unilaterally terminated the contract, citing just cause due to unpaid salaries and other contractual breaches by the Club. The Court of Arbitration for Sport (CAS) panel, led by Sole Arbitrator Patrick Lafranchi, issued its award on 15 December 2020, addressing key legal principles under FIFA regulations and Swiss law. The panel emphasized that only outstanding salaries, not bonuses or other payments, constitute just cause for termination under Article 14bis of the FIFA Regulations on the Status and Transfer of Players (RSTP). It also ruled that financial difficulties or poor sporting performance, including injuries, do not excuse a club's failure to meet payment obligations unless explicitly stipulated in the contract.
The factual background revealed that the Player suffered a serious knee injury in October 2018, sidelining him for seven months. Despite this, the Club failed to pay his salaries, prompting the Player to terminate the contract in June 2019. The Club's subsequent actions, including medical examinations, did not rectify the payment defaults. The Player filed a claim with the FIFA Dispute Resolution Chamber (FIFA DRC), which partially accepted his claim, ordering the Club to pay €221,716.63 in outstanding remuneration plus interest and €505,500 as compensation for breach of contract. The Club appealed this decision to CAS, arguing that the Player's termination was unjust and that the compensation calculation was excessive. The Club also disputed the bonus payment, claiming it was performance-based, while the Player maintained it was a guaranteed minimum.
The CAS panel upheld the FIFA DRC's decision, affirming that the Player had just cause to terminate the contract due to the Club's failure to pay at least two monthly salaries. The panel determined that the bonus clause was a guaranteed payment, entitling the Player to the full amount regardless of his injury. It also rejected the Club's argument that the Player failed to mitigate damages, noting the challenges posed by his age, injury, and the COVID-19 pandemic. The panel adjusted the compensation to €505,000, including the residual value of the contract and the guaranteed bonus, and dismissed the Club's broader challenges. The ruling reinforced the principle that clubs must honor their contractual obligations, regardless of financial or sporting circumstances, and highlighted the role of CAS in resolving such disputes under FIFA regulations and Swiss law. The case underscores the balance between contractual fidelity and the realities of professional sports, including injury risks and financial challenges. The Club was ultimately ordered to pay the Player €505,000 plus interest, with all other claims dismissed.