Article 17 par. 1 of FIFA RSTP closely follows Article 337b of the Swiss Code of Obligations, which grants as compensation to the Party not being in breach of the Contract an amount corresponding to all claims arising out of the employment relationship, reduced by everything “which he saved as a consequence of the termination of the employment relationship and which he earned or intentionally failed to earn through other work.”
Facts/Procedure
On 20 July 2008, the Egyptian club Zamalek (the Club) signed an employment contract with Mr Ricardo Alves Fernandes (the Player) for a fixed period of three seasons as from the date of the signature until the end of the 2010-2011 season. On 29 July 2008, the Player was paid an amount of USD 45,000 by cheque relating to the contractually agreed advanced payment.
On 8 August 2008, the 2008-2009 season of the Egyptian Premier League started and the Club played its first game. During this game the Player physically harmed one of his team mates, Mr Gamal Hamza, and was, therefore, sent off by the referee. Subsequently, the Player was sanctioned by the Egyptian Football Association (EFA) on 10 August 2008 with a fine in the amount of EGP 10,000 and suspended for the next three games for misconduct. Due to the abovementioned suspension, the Player missed the next three games which...
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