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Volume: 15 Issue: 4
(April 2017)

Keywords:
recent jurisprudence ‘just cause contract termination maintenance contractual stability between professional football players employer clubs objective underpins section iv

Jurisdictions:
China Italy Switzerland

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Recent jurisprudence on ‘just cause’ contract termination

The maintenance of contractual stability between professional football players and their employer clubs is the objective that underpins Section IV of the FIFA Regulations on the Status and Transfer of Players (‘RSTP’). Andrew Smith, Barrister at Matrix Chambers, considers in this article the recent decisions of the Court of Arbitration for Sport (‘CAS’) concerning unilateral terminations of contracts, with a particular focus on the following issues: What is regarded as a ‘termination’ of the employment contract?; What constitutes ‘just cause’ for a unilateral termination?; What are the principles governing the assessment of compensation for a unilateral termination without just cause?; How does joint liability operate in this context?; and What are the principles governing the imposition of sporting sanctions?

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