The case involves a dispute between Tractor Sazi Tabriz FC and footballer Kévin Fortuné, which escalated into legal proceedings before FIFA’s Dispute Resolution Chamber (DRC) and later the Court of Arbitration for Sport (CAS). The conflict arose from the termination of Fortuné’s employment contract in February 2020, with Tractor citing unjustified absences and Fortuné countering with claims of unpaid salaries and mistreatment. The contract, signed in August 2019, stipulated salary payments over three seasons, but by December 2019, Tractor had failed to pay three months' salaries, prompting Fortuné to issue a default notice. The club proposed a mutual termination agreement, which remained unsigned, and later accused Fortuné of absences, which he contested by citing international duty and medical reasons, supported by certificates.
The key legal issue was whether Fortuné had just cause to terminate the contract due to unpaid salaries. The Sole Arbitrator ruled that political or financial sanctions do not excuse a club’s failure to pay salaries, as clubs must manage such adversities without burdening employees. Under Article 14bis of FIFA’s Regulations, failing to pay at least two months' salaries constitutes a severe breach, justifying termination if the contract’s continuation becomes unreasonable. The arbitrator upheld Fortuné’s right to terminate the contract, emphasizing that clubs must fulfill financial obligations regardless of external challenges. The DRC partially ruled in Fortuné’s favor, ordering Tractor to pay outstanding salaries with interest and rejecting the club’s counterclaim. Tractor appealed to CAS, which upheld the DRC’s decision, confirming the club’s liability for unpaid wages and dismissing its arguments.
The case highlights contractual disputes in football, particularly regarding player absences due to medical reasons and clubs' obligations to honor salary payments. It underscores the role of FIFA and CAS in resolving such conflicts, with both bodies emphasizing the need for valid medical documentation and fair treatment of players. The final ruling reinforced Fortuné’s right to compensation while rejecting Tractor’s claims of contractual breach. The arbitrator found no evidence to suggest Fortuné’s medical certificates were fabricated and noted the club’s failure to verify his condition or recommend alternative evaluations. The club’s financial default, including unpaid salaries totaling over €140,000, met the threshold for just cause under Swiss law and FIFA regulations, undermining its claim of termination based on the player’s absence.
The decision reinforces the principle that clubs must uphold their contractual and financial obligations, regardless of external adversities. The case also reflects broader issues of player welfare, contractual obligations, and the challenges of cross-cultural adaptations in professional sports. The outcome sets a precedent for similar cases involving mental health claims and contract terminations, emphasizing the importance of substantiating claims of contractual breaches in sports disputes. The CAS ultimately rejected Tractor’s appeal and upheld the FIFA decision, confirming the player’s entitlement to compensation and reinforcing the protections afforded to players under FIFA regulations.