Breach of Contract with Just Cause: CAS 2017/A/5312 José Carlos Ferreira Alves v. Al Ahli Saudi Club

Breach of Contract with Just Cause: CAS 2017/A/5312 José Carlos Ferreira Alves v. Al Ahli Saudi Club

The inactivity of a party breaching a contract with just cause shall be taken into account in awarding compensation, which can be reduced accordingly.

Facts/Procedure

On 28 July 2012, the Coach and the Club entered into an employment contract (the Contract) for two sporting seasons, valid as from 28 July 2012 until 27 July 2014. The Employment Contract contains Article 3, which reads as follows;

The period of this contract is (2 years) started from 28 July 2012 and expires on 27 July 2014 and is it [sic] automatically renewed for one or more similar periods, unless one party notifies the other of his intention not to renew it and that is before one month from the original period of contract, and the notice should be in written and delivered by hand or by email or any agreed and acceptable means.”

According to the Club, a meeting took place between the Club and the Coach on 14 May 2014 from which it followed that there was no desire from either...

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