CAS 2022 A 8972
CAS · Football (FIFA / CAS) · Switzerland · 28 Nov 2023
Why it matters
This award clarifies the standard for just cause termination by a player when a club fails to provide a visa or support return after a loan. It confirms that a club's indifference and failure to assist with visa requirements can constitute a breach giving the player just cause to terminate, even without prior warning, if termination is the last resort.
Summary
TP Mazembe, a Congolese football club, loaned player Isaac Amoah to Nkana FC (Zambia) from September 2020 to June 2021. When Nkana terminated the loan early in February 2021, the player sought to return to TP Mazembe. Despite the player's repeated attempts to communicate, TP Mazembe showed little interest, only sending flight tickets on 13 August 2021 for a flight on 15 August, without assisting with visa requirements. The player did not travel and eventually filed a claim with the FIFA DRC on 25 October 2021, seeking termination for just cause and compensation. The FIFA DRC found that TP Mazembe breached the contract by failing to resume its employer duties after the loan, and awarded the player USD 251,666 plus a two-registration-period transfer ban. TP Mazembe appealed to CAS, arguing the player breached the contract by being absent without leave. The CAS panel applied the FIFA RSTP and its commentary, which state that a club is responsible for obtaining visas on time and that a player may terminate with just cause if the club fails to do so, provided termination is a last resort. The panel found that TP Mazembe's lack of engagement and failure to assist with the visa left the player no choice but to terminate. The panel upheld the FIFA DRC decision, confirming the compensation and sporting sanction.
The detail
Parties: Tout Puissant Mazembe v. Isaac Amoah and FIFA
Case number: CAS 2022 A 8972
Outcome: CAS upheld the FIFA DRC decision that TP Mazembe breached the employment contract and ordered it to pay USD 251,666 compensation to the player, with a two-registration-period transfer ban.
Quantum: USD 251,666
Applicable law: FIFA Regulations on the Status and Transfer of Players (RSTP), particularly Articles 14, 14bis, 17
Issues in play: The case involved the interpretation of 'just cause' for contract termination under FIFA RSTP, balancing the club's duty to facilitate the player's return after a loan and the player's obligation to cooperate.
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