The case involves a dispute between Nantong Zhiyun Football Club and professional footballer Anatole Bertrand Abang, along with CJSC SC Sheriff, regarding the termination of the player's employment contract. The Court of Arbitration for Sport (CAS) issued a ruling on June 7, 2022, addressing the player's claim that he had just cause to terminate his contract due to the club's failure to pay his salaries and bonuses on time. The contract, signed on February 18, 2019, stipulated the player's remuneration, including monthly salaries, bonuses, and housing subsidies, and allowed termination if salaries were unpaid for more than two consecutive months. On September 23, 2019, the player notified the club of its default for unpaid July and August salaries and bonuses. When the club failed to rectify the situation, the player terminated the contract on October 10, 2019, citing just cause under Article 14.1 bis of FIFA's Regulations on the Status and Transfer of Players (RSTP). The club contested the termination, arguing the player had not fulfilled contractual obligations and that his exclusion from training was justified.
The CAS panel examined whether the termination was lawful, emphasizing the player's right to timely payment and access to training. It found the club's failure to pay salaries constituted a material breach, justifying termination under FIFA RSTP. The panel dismissed the club's claim that the player's exclusion was due to performance issues, citing lack of evidence. The panel also assessed damages, noting the player mitigated losses by securing a new contract with Sheriff. Under Article R57 of the CAS Code, the panel reduced compensation owed by the club based on the player's new earnings. The final award upheld the player's right to terminate the contract with just cause and determined appropriate compensation, balancing the club's breach with the player's mitigation efforts.
The dispute escalated to FIFA's Dispute Resolution Chamber (DRC), which partially ruled in the player's favor, ordering the club to pay outstanding remuneration (USD 30,270 gross and USD 5,295 net) plus interest, and USD 359,902 as compensation for breach of contract. The club appealed to CAS, which confirmed the player's termination was justified due to unpaid salaries and the club's abusive conduct. The panel found the club owed the player RMB 140,830 in unpaid salaries and eight months of housing allowances, rejecting the club's claim that housing payments were due at the season's end. The panel also dismissed the club's argument that the player's transfer to the reserve team was justified, finding no credible evidence linking it to alleged misconduct.
The CAS applied Swiss law and FIFA regulations, ruling the player had just cause to terminate the contract due to the club's persistent violations. The panel awarded the player USD 260,644.71 net, including outstanding remuneration, housing allowances, and compensation for breach, with 5% annual interest from October 27, 2019. The decision underscored the importance of contractual stability in football and the protection of players' rights under FIFA regulations. The club's appeal was rejected, and it was ordered to bear the costs, including a contribution to the player's legal fees. The ruling reinforced the principle that clubs must adhere to contractual obligations or face legal and financial consequences.