Just Cause for Termination? Poor Sporting Performance in Football Employment Contracts

Dr. Mehrdad Mohamadi

CAS Arbitrator

The Importance of “Just Cause”

Football players’ contracts are classified as employment contracts, granting them specific rights and protections. A fundamental principle in these contracts is the concept of “just cause,” which outlines the legitimate reasons for terminating the agreement before its natural expiry. Just cause can encompass various scenarios, such as player misconduct, serious injury, or breach of contractual obligations.

However, the question arises: can a player’s inability to perform to expectations be considered just cause for termination?

FIFA Regulations and the Specificity of Sport

The governing body of world football, FIFA, regulates player transfers and employment contracts through its Regulations on the Status and Transfer of Players (RSTP). While the RSTP does not explicitly address poor performance as a basis for termination, Article 14.1 emphasizes the principle of “contractual stability.” This principle safeguards players from arbitrary dismissal and ensures a degree of predictability in their careers (matrixlaw.co.uk, 2017).

Furthermore, the concept of “specificity of sport” plays a crucial role in interpreting just cause. This concept acknowledges the unique nature of professional sports, where factors like injuries, player form, and team tactics can all impact performance. Therefore, unlike other employment sectors where objective performance metrics might be readily available, evaluating a footballer’s contribution requires a nuanced understanding of the sporting context.

CAS Case Law

The Court of Arbitration for Sport (CAS) serves as the primary body for resolving disputes arising from football contracts. Its case law offers valuable insights into how the concept of just cause is applied in relation to poor sporting performance.

A landmark case in this context is Al Shaab FC v. Aymard Guirie (2016). Here, the player was accused of lacking the required technical level. However, the CAS concluded that the club failed to demonstrate sufficient justification for termination, emphasizing that a player’s low performance alone does not constitute just cause (jurisprudence.tas-cas.org).

These cases establish a clear precedent: poor sporting performance, in isolation, does not constitute just cause for terminating a football employment contract. Clubs are expected to demonstrate additional factors, such as a persistent decline in performance, a clear breach of contractual obligations related to training or effort, or documented warnings and improvement plans provided to the player.

Exceptions and Nuances: When Performance Matters

While a general decline in form might not be enough, certain scenarios can provide a basis for dismissal based on performance. For instance, if a player’s actions demonstrably harm the team or violate the club’s sporting objectives, it could be considered just cause.

Additionally, some contracts might contain specific performance-related clauses. These clauses, if drafted carefully and in accordance with FIFA regulations, could potentially allow termination under certain circumstances. However, such clauses are uncommon and require clear, objective criteria for measuring performance.

Conclusion: Striking a Balance

The tension between a club’s desire for success and a player’s right to contractual stability lies at the heart of this issue. FIFA and CAS jurisprudence offer a clear message: poor performance alone is not enough to justify termination. Clubs must demonstrate a compelling case built on additional factors and evidence.

Maintaining a transparent line of communication, providing opportunities for improvement, and adhering to the principles of contractual stability are key to ensuring fairness for both players and clubs. By fostering a more balanced approach, football can ensure that player performance is assessed within the specific context of the sport, protecting athletes from arbitrary dismissal while allowing clubs to manage their squads effectively.