The case involves a contractual dispute between Al Jazira Sporting Club and Mourad Batna, a player, concerning unpaid salaries and additional deductions during the COVID-19 pandemic. The parties had signed an employment agreement in August 2019, valid until June 2020 with an option to extend. In June 2020, the Club unilaterally imposed a 40% salary cut for April, May, and June, conditioning payment on the Player signing a consent form. The Player refused, arguing this violated the contract and FIFA guidelines, and demanded full payment. The Club defended its decision as an equal treatment measure applied to all players, but the Player countered that the reduction did not account for his status as a foreign player under applicable regulations.
The Player filed a claim with FIFA, which ruled in his favor in March 2021, ordering the Club to pay EUR 145,941.61 in outstanding remuneration plus 5% annual interest, with potential sanctions for non-payment. The Club appealed to the Court of Arbitration for Sport (CAS), arguing the FIFA decision was flawed. The CAS upheld FIFA's ruling, emphasizing the Club’s unilateral salary reduction was unjustified. While the Club’s intent to treat all players equally was noted, it failed to consider the Player’s specific circumstances as a foreign player under relevant regulations. The CAS found the Club did not negotiate in good faith, violating the Player’s rights.
The dispute also involved additional deductions, including a 1% UAE FA registration fee, accommodation expenses, and a traffic fine. The CAS ruled the Club could not retroactively deduct the registration fee, as the contract stipulated it should be taken from the first payment of the season. For accommodation expenses, the Club provided invoices but no proof of payment, failing to meet its burden of proof. The traffic fine deduction was also rejected due to lack of evidence.
The case highlights the importance of adhering to contractual obligations and regulatory frameworks, particularly during crises like the pandemic. Clubs cannot impose blanket salary reductions without considering individual player rights and applicable rules. The CAS affirmed that equitable treatment must align with legal and contractual requirements, ensuring fairness in player-club relations. The decision reinforces that unilateral measures, even in crises, must respect contractual and regulatory protections for players. Ultimately, the CAS dismissed the Club’s appeal, upholding FIFA’s decision and rejecting all claims for financial deductions. The ruling underscores the need for clubs to engage in good-faith negotiations and ensure any unilateral actions are reasonable and proportionate.