The Court of Arbitration for Sport (CAS) issued a ruling on June 3, 2022, in the dispute between Ismaily SC, an Egyptian football club, and player Lassaad Jaziri, along with Al Nahda Sport Club, a Saudi Arabian club. The case centered on the termination of Jaziri's employment contract with Ismaily SC and the subsequent legal and financial ramifications. The CAS panel, composed of arbitrators Edward Canty, Emin Özkurt, and Pierre Muller, conducted a de novo review of the case, examining the merits independently under Article R57 of the CAS Code. The dispute arose when Jaziri terminated his contract in March 2019, citing just cause due to alleged breaches by Ismaily SC, including unpaid salaries, exclusion from training and matches, and failure to address his grievances. The club contested the termination, arguing Jaziri had no valid justification and sought compensation for breach of contract.
The panel determined that Swiss law and FIFA regulations governed the dispute, rejecting Ismaily SC's argument for Egyptian law due to insufficient evidence of mutual intent. Key legal principles examined included the standard of proof, which was set at "comfortable satisfaction," a middle ground between civil and criminal standards. The panel emphasized the importance of personality rights for athletes, noting that clubs must provide timely salary payments, training opportunities, and match participation to uphold contractual obligations. Exclusion from matches due to foreign player quotas was deemed unacceptable as it harmed the player's career and market value.
The factual background revealed that Jaziri signed a three-season contract with Ismaily SC in 2018 but faced issues in early 2019 when the club signed additional foreign players, placing him on a waiting list and withholding his passport. Despite multiple notices from Jaziri's representatives, the club failed to resolve the situation, leading to the contract termination. The panel found that Ismaily SC's actions, including delayed salary payments and lack of response to Jaziri's concerns, constituted a breach of trust, justifying the termination with just cause under Swiss law and FIFA regulations.
Regarding compensation, the panel ruled that Jaziri was entitled to unpaid salaries and damages for the early termination of his contract. The gross-wage method was used to calculate losses, with adjustments for Jaziri's subsequent earnings from Al Nahda Sport Club. The panel rejected Ismaily SC's attempts to deduct taxes or impose additional financial penalties, citing lack of evidence for agreed-upon terms. The club's argument that the COVID-19 pandemic justified reduced payments was dismissed, as the termination predated the pandemic.
The final award ordered Ismaily SC to pay Jaziri USD 374,667, plus 5% annual interest on portions of the amount from their respective due dates. The panel dismissed the club's request for sporting sanctions against Jaziri and Al Nahda Sport Club, upholding the principle that financial decisions by judicial bodies must be respected. The ruling reinforced the importance of contractual fidelity in professional football and the legal protections available to players in employment disputes. The case serves as a precedent for similar disputes, highlighting the CAS's role in ensuring fairness and adherence to international sports regulations.