In the absence of a valid liquidated damages clause inserted in the relevant contract of employment, the amount of compensation for termination of contract without just cause payable by the relevant party needs to be assessed in application of the other parameters set out in Article 17 paragraph 1 RSTP and in the light of the principle of “positive interest”.
Facts/Procedure
This case concerned a Player claiming amounts to a Club that allegedly breached the Player’s Contract.
On 9 July 2012, the Club and the Player signed an Employment Contract, valid from 1 July 2012 until 31 May 2014 and a Football Player’s Contract Schedule regulating the remuneration of the Player in relation to the Contract (the Schedule and collectively the Contracts). Both the Contract and the Schedule established the legal framework under which the Player provided his services as a professional football player to the Club.
The Club finished the season second bottom in the Qatar Stars League and was forced to play in the relegations play-off match to secure its position in the league, which it subsequently won. By e-mail of 7 May 2013, and following a meeting with the management, the Player received a written notice of termination of the Contract signed the Club’s General Secretary.
On 1 October 2013,...
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