The Mainz Labor Court has ruled that the dismissal without notice of Bundesliga club FSV Mainz 05 against Anwar El Ghazi for his pro-Palestine posts was invalid.
The judge justified this by stating that there was no breach of duty that would necessitate termination of the employment relationship without notice. The decision concerned a social media post by El Ghazi on November 1, in which he had said that he stood by his original post and would not retract it. According to the understanding of the general public, this was covered by freedom of expression.
It was therefore not a breach of fiduciary duty that would necessitate termination without notice. El Ghazi is entitled to around 1.7 million euros in outstanding salaries and bonus payments. He should also be reinstated as a licensed player.
After the attack on Israel by terrorists on behalf of Hamas on October 7, El Ghazi wrote in an Instagram post that was subsequently deleted: "From the river to the sea, Palestine will be free." In a way, this denies Israel's right to exist.
However, this post is not assessed for the legitimacy of the termination without notice, as there is a 14-day period for such cases after the reason for termination becomes known. FSV Mainz 05 announced that it would review the decision.
El Ghazi had taken legal action against Mainz's dismissal without notice. His contract with Mainz originally ran until June 30 of this year, but has been extended by one year due to the club's relegation.
