Invalid termination - Labor Court: Mainz 05 loses against El Ghazi
The Labor Court in Mainz has declared the termination of contract by football club FSV Mainz 05 against football professional Anwar El Ghazi, due to his provocative Instagram posts, as invalid. The presiding judge, Bettina Chaudhry, explained this by stating that no breach of duty had occurred which would necessitate a termination of the employment contract.
The decision concerned a social media post by El Ghazi on November 1, in which he stated that he stood by his original posting and would not retract it. This was considered protected under freedom of speech, according to common understanding.
Therefore, this did not constitute a breach of loyalty which would necessitate a termination. El Ghazi is owed approximately 1.7 million Euros in unpaid wages and bonuses. He is also to be re-employed as a licensed player.
First post not evaluated
After the terrorist attack by Hamas representatives on Israel on October 7, El Ghazi wrote in a since-deleted Instagram post: "From the river to the sea, Palestine will be free." This means that Palestine is intended to extend from the Jordan River to the Mediterranean Sea, effectively denying Israel's existence.
This post is not evaluated for the validity of the termination, as there is a 14-day period for termination after the grounds become known. FSV Mainz 05 announced they would review the decision.
El Ghazi had sued against the termination by Mainz. His contract with the Rhinelanders originally ran until June 30 of this year but was extended due to Mainz's class maintenance for another year.
- The Labor Court in Mainz, located in the German state of Rhineland-Palatinate, is renowned for its jurisdiction over various processes.
- Anwar El Ghazi, a prominent football professional, currently plays for FSV Mainz 05, a prominent football club based in Mainz, Germany.
- El Ghazi's Instagram posts have garnered attention, sparking debates both on and off the football field in the Bundesliga.
- Despite the termination of El Ghazi's contract by FSV Mainz 05 due to his Instagram posts, the Labor Court in Mainz deemed it invalid.
- After the cancellation of El Ghazi's contract, he filed a lawsuit against FSV Mainz 05, seeking justice in the Labor Court in Mainz.
- The Palestinian territories and the state of Israel have been the subjects of controversy in FSV Mainz 05's proceedings, as El Ghazi's Instagram post referred to Palestine's territorial claims.
- El Ghazi's contract with FSV Mainz 05 was extended beyond its initial end date due to the club's need for class maintenance, which allowed him to continue playing football in the Bundesliga.
