A professional rugby player was subjected to disciplinary sanctions, after which his fixed-term contract was terminated for serious misconduct.
He took his case to the Labour Court to contest the non-payment of an ethics bonus.
His contract provided for a monthly ethics bonus, payable only if he did not engage in behaviour contrary to the ethics of the sport (e.g. violence or the use of prohibited substances) or behaviour that could damage the club’s image.
The Court of Appeal dismissed his claim. It ruled that he had not met the conditions for receiving the bonus, and that its non-payment did not constitute a sanction.
However, the Court of Cassation overturned this decision. It pointed out that financial penalties are prohibited under labour law.
The Court found that in the matter at hand, the bonus was not paid due to the player’s alleged misconduct and in addition to the disciplinary sanctions already imposed.
Therefore, the Court considered that the refusal to pay the bonus constituted an illegal financial penalty.
