The case revolves around a contractual dispute between professional footballer Mohamed Ben Mansour and FC Nouadhibou, stemming from the termination of his employment contract and claims for unpaid bonuses. The contract, signed on October 6, 2018, was set to expire on June 30, 2020, and included terms such as a monthly salary, performance bonuses, and other benefits. The conflict arose when Ben Mansour and another player left a training camp in Cairo without permission to visit the Pyramides and later extended their stay in Tunis, missing two league matches in December 2018. In response, the club initiated disciplinary proceedings, suspending Ben Mansour from training with the first team and reducing his salary by 50% for the next quarter. Ben Mansour contested these measures, arguing they violated his rights, and issued a formal notice demanding reinstatement. When the club failed to respond, he terminated the contract on December 23, 2018, citing just cause. The club, in turn, terminated the contract on December 25, 2018.
Ben Mansour filed a complaint with FIFA, seeking compensation for unpaid wages and damages, while the club argued his termination was unjustified. The FIFA Dispute Resolution Chamber (DRC) ruled that Ben Mansour’s unilateral termination lacked just cause, applying the principle of prior tempore potior iure, meaning only the first termination (by the player) had legal effect. The DRC found the club’s disciplinary measures justified and rejected Ben Mansour’s claim for unpaid bonuses due to insufficient evidence. The Court of Arbitration for Sport (CAS) upheld the FIFA decision, emphasizing that just cause for contract termination requires a severe breach making the employment relationship untenable and must be a last resort after failed conciliation attempts. The CAS noted Ben Mansour’s termination, issued shortly after his initial demand and during the transfer window, demonstrated a lack of willingness to reconcile. The disciplinary sanctions were deemed proportionate, and his termination was unjustified.
Regarding the victory bonus claim, Ben Mansour argued he was entitled to €2,500 for FC Nouadhibou’s 2018 Mauritanian Cup win. However, the contract stipulated the bonus applied only to major titles won during the 2018/2019 season. The Cup victory occurred in the 2017/2018 season, before his contract began, making him ineligible. The CAS upheld the decision to deny the bonus, as Ben Mansour failed to prove his participation in the relevant competition and the timing of the victory did not align with the contractual terms.
The case highlights the complexities of contractual disputes in professional sports, particularly regarding unilateral terminations and the burden of proof in establishing just cause. The CAS’s decision reinforces the importance of contractual stability and adherence to obligations, underscoring the challenges players face when seeking redress for alleged breaches. Ultimately, the ruling affirmed the DRC’s position, leaving Ben Mansour without the compensation he sought.