The case revolves around a contractual dispute between the Pakistan Football Federation (PFF) and Brazilian football coach José Antonio Goldberger Gomes Nogueira. The parties entered into a three-year employment agreement on 25 April 2018, appointing Nogueira as head coach of the Pakistani senior national football team. The contract stipulated a monthly salary of USD 8,000, along with additional benefits such as accommodation, travel allowances, and a car. It included a termination clause requiring a 60-day written notice from either party. In June 2019, Nogueira was granted leave, but from July 2019 onward, he stopped receiving his salary. Despite inquiries, he was advised to be patient. He sent three default letters in October and November 2019. The PFF claimed the contract was terminated on 31 December 2019, alleging Nogueira failed to perform assigned tasks during his absence, and hired a new head coach on 2 January 2020.
Nogueira filed a claim with the FIFA Player’s Status Committee (PSC) in February 2020, seeking unpaid salaries, termination compensation, and other expenses. The PSC ruled in his favor in August 2020, ordering the PFF to pay USD 48,000 in outstanding remuneration with interest and USD 131,091 as compensation for breach of contract. The PSC concluded the termination was without just cause, as no proper notice was given. The PFF appealed to the Court of Arbitration for Sport (CAS) in September 2020, requesting a sole arbitrator. The CAS appointed Marco Balmelli to oversee the case. The PFF argued the termination was valid, citing Nogueira’s alleged non-performance and force majeure as reasons for delayed payments. Nogueira maintained his claims, asserting his leave was authorized and the PFF breached the contract by hiring a replacement without justification.
The CAS examined the case under Swiss law, which governs employment contracts in such disputes. The arbitrator rejected the PFF’s force majeure argument due to lack of evidence and found no justification for withholding payments under Swiss law. The principle of exceptio non adimpleti contractus (withholding performance due to breach) was deemed inapplicable to employment contracts. The arbitrator also noted the PFF failed to prove Nogueira received the termination letter, rendering the termination invalid. The hiring of a new coach in January 2020 further confirmed the PFF’s breach. The CAS upheld the PSC’s decision, affirming the termination was unjust and ordering the PFF to pay the awarded compensation. The compensation covered the remaining 16 months of the contract and an airplane ticket, as Nogueira had not secured alternative employment during the period.
The case underscores the importance of adhering to contractual termination procedures and the burden of proof in employment disputes. The CAS’s ruling reinforced the binding nature of contractual obligations and the consequences of unjustified breaches. The PFF’s appeal was dismissed, and the FIFA PSC’s decision was confirmed in full, with all other claims rejected. The final decision emphasized that parties must honor their agreements, and unjust terminations warrant full compensation for the aggrieved party.