Blaser Mills Law has won a landmark case in football concerning force majeure and Covid-19. Head of sport at the firm and former professional football player, David Winnie, was successful in his claim to the FIFA Football Tribunal on behalf of Dutch football coach, René Hiddink, against his former employer, Football Association of Maldives [FAM]. The decision is important in its restatement and application of FIFA’s Covid-19 policy and the interaction of that policy with ‘force majeure’ provisions in football contracts – a clause commonly found in employment agreements which entitles a party to be excused from their obligations if an event occurs which is beyond reasonable control. In January 2021, Mr. Hiddink and FAM agreed the terms of an employment contract whereby Mr. Hiddink was appointed as assistant coach of the Maldives’ Men’s National Football Team for a three-year term. However, barely three months into his tenure, FAM informed Mr. Hiddink that football in the Maldives would be halted indefinitely due to the Covid-19 pandemic, and that there was not enough money to continue employing him in his role. Days later, FAM sent Mr. Hiddink a termination notice, stating that his contract of employment was being terminated due to the Covid-19 pandemic, referencing the ‘force majeure’ clause in Mr. Hiddink’s contract.
Dutch Football Coach Emerges with Successful Ruling in Case Against Former Employer
