Club loses appeal after sacking ex-Premier League star over pro-Gaza comments
Anwar El Ghazi saw his contract terminated after social media posts he made in 2023 and has seen his case go through the courts in Germany in the two years since
German Bundesliga side FSV Mainz 05 have lost an appeal relating to the sacking of Anwar El Ghazi. Dutch international El Ghazi, who played Premier League football for Aston Villa and Everton, saw his contract terminated in November 2023 following comments about the Israel-Gaza conflict.
The winger, who moved to Cardiff City after leaving Mainz and now plays for Qatari side Al Sailiya, was initially suspended by the club in October 2023 in the wake of his social media posts. The German outfit said his comments “took a position on the conflict in the Middle East in a manner that wasn’t tolerable for the club”.
He was later dismissed outright by Mainz. However, a German court would later find he was the subject of a wrongful termination and Mainz have now seen an appeal against that ruling rejected.
“The Rhineland-Palatinate State Labor Court announced its decision on Wednesday to reject the appeal in the El Ghazi case. The initial ruling from summer 2024 therefore remains in effect,” Mainz said in a statement on Wednesday. “At the time, the Mainz labor court declared the club’s summary dismissal of El Ghazi invalid. Subsequently, Mainz 05 paid the Dutchman his contractually agreed salary for the period in question.”
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“Immediately after the Hamas terrorist attack on October 7, 2023, El Ghazi published an anti-Israel social media post, but subsequently expressed remorse and insight to the Mainz 05 board in an internal meeting, leading Mainz 05 to initially issue a warning,” the statement continued. “However, after another post by El Ghazi, which contradicted the consensus reached in the earlier meeting, the club felt compelled to terminate his contract without notice.
“The court interpreted the posts objectively and, after weighing the interests involved, concluded that in this case, freedom of expression outweighed the employer’s interests. A summary dismissal was therefore not justified. Contrary to various reports, any potential failure to meet a deadline played no role in the rejection of the appeal.”
Mainz chairman Stefan Hoffmann has issued a statement on the matter, saying: “We have to accept the court’s decision, which found that the behaviour and actions of our employee following the horrific Hamas attack in 2023 did not constitute sufficient grounds for immediate dismissal. However, we stand by our position: Based on the values and convictions that define Mainz 05, the continued employment of individuals who express and behave in fundamental contradiction to these values will remain out of the question.”
El Ghazi has yet to comment on the latest ruling on his public social media channels at the time of writing, but posted about the case in September. “My case with FSV Mainz 05 will shortly be reaching a conclusion and we remain confident of a positive outcome,” he wrote at the time.
“Forever grateful to those who stood beside me shoulder to shoulder in my time of need. From my family and close friends who have always been there for me, to Alexander Bergweiler who bravely took on my case when the topic of Gaza was widely seen as untouchable through to Nujum who have been the driving force and shining light in protecting me and my career and encouraging me to be a voice for the people of Gaza. If only we, as a world, could stand with the oppressed, starved and persecuted in Gaza.”
He also commented in the summer of 2024 when it was initially ruled that Mainz would be required to pay up the remainder of his contract. “I hope Mainz, despite their repeated failed attempts to avoid making the due payment, take solace from the knowledge that they have, through me, contributed financially in trying to make life a little more bearable for the children of Gaza,” he said, after pledging approximately £441,000 to “fund projects for the children in Gaza”.
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