The non-payment or late payment of remuneration by an employer does in principle - and particularly if repeated - constitute ‘just cause’ for termination of the contract.
The injured party is entitled to a whole reparation of the damage suffered pursuant to the principle of “positive interest”, under which compensation for breach must be aimed at reinstating the injured party to the position it would have been in had the contract been performed until its expiry.
Facts/Procedure
Ante Kulusic (the Player) claims outstanding salaries to Balikesirspor FC (the Club) and a compensation for breach of Contract.
On 31 July 2014, the Parties entered into an employment Contract valid as from the date of signing until 31 May 2017. Clause 3 of the Contract governed the Player’s remuneration and bonuses. The Player’s obligations were governed mainly by Clause 6 and 7.
On 8 May 2015, the counsel of the Player sent a default letter dated 5 May 2015 to the Club, claiming that the Club had defaulted on its payment of the Player’s salaries for the period from December 2014 (partly) until April 2015 and requesting payment of the said salaries on or before 15 May 2015.
On 3 June 2015, and without having received any further payments from the Club, the Player (prematurely and)...
Why not join us?
Football Legal is an independent media publishing football law contents on a daily basis dedicated to all football law practitioners (lawyers, clubs, federations, intermediaries, football stakeholders, etc.).
Register today and stay tuned to the latest legal news.
Get started