The case involves a contractual dispute between Al Wahda FSC Company, a football club based in Abu Dhabi, and professional footballer Mourad Batna, with Al Jazira FSC also involved. The conflict arose from Batna's termination of his employment contract with Al Wahda, citing the club's failure to meet financial obligations, including unpaid salaries and bonuses. The Court of Arbitration for Sport (CAS) panel, comprising Mr. Mark Hovell, Prof. Luigi Fumagalli, and Mr. Manfred Nan, issued an award on November 23, 2021, addressing the dispute.
Batna's contract with Al Wahda, signed on February 12, 2017, was valid until June 30, 2020. It stipulated various remuneration terms, including signing bonuses, monthly salaries, and additional benefits. Batna alleged that Al Wahda repeatedly failed to pay his salaries and bonuses on time, leading him to terminate the contract with just cause under Article 17(1)(ii) of FIFA's Regulations on the Status and Transfer of Players (RSTP). The CAS panel examined whether Batna was entitled to "Mitigated Compensation" and "Additional Compensation" under the RSTP, concluding that the latter was mandatory due to the club's financial breaches.
The dispute escalated over unpaid salaries, unjustified penalties, and Batna's exclusion from team activities. Al Wahda accused Batna of misconduct, including refusing to play and feigning injuries, while Batna countered that the club failed to notify him of penalties and deducted salaries without justification. The FIFA Dispute Resolution Chamber (DRC) initially ruled in Batna's favor, ordering Al Wahda to pay outstanding salaries and compensation. Al Wahda appealed to CAS, which upheld the DRC's decision in part, confirming Batna's right to terminate the contract with just cause due to unpaid salaries exceeding two months.
The CAS panel awarded Batna EUR 587,877 plus MAD 47,530, with 5% annual interest, for unpaid salaries and unjust fines. It also mandated "Additional Compensation" of three months' salary (EUR 375,000) under Article 17(1)(ii) of the RSTP but declined to award "Mitigated Compensation" due to Batna's contributory actions. Sporting sanctions against Batna and Al Jazira were dismissed, as Al Wahda failed to prove the termination was without just cause. The final ruling, issued on November 23, 2021, balanced the club's financial obligations with the player's role in the dispute, concluding the arbitration process.