Sebastian Ariosa has been awarded compensation by CAS after his former employer Club Olimpia suspended his contract as he was going through cancer treatment.
Ariosa, 30, was playing for Paraguayan side Olimpia when in 2013 he got diagnosed with cancer after doctors found a tumor in his chest. He got diagnosed in May of that year, and in December the club suspended his contract and stopped paying him. Ariosa was missing training sessions due to chemotherapy and the club believed that was grounds for suspending his contract.
After a long legal battle, The Court of Arbitration for Sport (CAS) ruled in favor of Ariosa against Olimpia on Wednesday.
“We see this as a great result,” said FIFPro lawyer Alexandra Gomez to ESPN FC. “CAS stated that the club was not responsible for the condition of the player, but it was responsible for its own response to this situation.”
The club was ordered by CAS to pay the Uruguayan defender around $90,000 in back pay and another $60,000 in moral damages.
“This creates a precedent for a number of serious issues, such as the illegality of the suspension of a contract due to illness, and the possibility to be granted moral damage,” Gómez said in a statement on FIFPro’s website.
Ariosa has made a full recovery and now plays for Defensor SC in Uruguay. He spent three years with Olimpia before leaving the club.
According to FIFPro, CAS has ordered Club Olimpia to:
- Pay Ariosa his overdue salary including interest
- Pay Ariosa a 13th month (for every year accrued over the term of his contract)
- Pay Ariosa the residual value of his contract (the time left on his original deal, even after he terminated his contract with ‘just cause’)
- Pay Ariosa bonuses relating to the club’s participation in the Copa Libertadores
- Pay Ariosa moral damage
- Compensate Ariosa due to the club’s lack of ‘sportive ethics’