CAS Jurisprudence · Sep 2024

Just Cause in Contract Terminations

Gavel

Unilateral termination of a professional football contract is a high-risk legal maneuver. When a club or player breaches a contract without "just cause," the financial and sporting sanctions issued by FIFA and CAS can be devastating.

Defining "Just Cause"

Article 14 of the FIFA Regulations on the Status and Transfer of Players (RSTP) dictates that a contract may be terminated by either party without consequences of any kind where there is just cause. CAS jurisprudence holds that a breach must be of a severe nature—making it objectively unreasonable to expect the injured party to continue the employment relationship.

The Burden of Unpaid Wages

The most common ground for a player to invoke just cause is the non-payment of salaries. Under Article 14bis of the RSTP, if a club unlawfully fails to pay a player at least two monthly salaries on their due dates, the player is generally considered to have a just cause to terminate, provided proper legal notice is given.