The case involves Lionel Meriau, a French physical trainer and coach, and his contractual dispute with the Congolese Football Federation (FECOFOOT). Meriau was hired under a 31-month contract starting August 1, 2004, as a physical trainer with responsibilities extending to technical and tactical training, player recruitment, and participation in national team activities. His contract included a monthly salary of EUR 4,573, along with housing, a company car, and flight tickets. The agreement allowed termination for just cause, such as non-payment of salaries, with Meriau entitled to a termination indemnity equivalent to unpaid salaries until the contract's end.
Meriau terminated the contract in January 2005 due to FECOFOOT's failure to pay his salaries and fulfill other obligations. He sought unpaid wages, termination indemnity, additional compensation for damages, and moral injury compensation. The case was brought before the Court of Arbitration for Sport (CAS) after FIFA initially declined jurisdiction, arguing Meriau's role as a physical trainer fell outside its regulatory scope for coaches. The CAS ruled on several key issues. First, it determined that Meriau's duties, despite his title, qualified him as an assistant coach under FIFA regulations, making the dispute within FIFA's jurisdiction. Second, it confirmed that non-payment of salaries constituted just cause for termination. Third, the termination indemnity clause, which required full salary payment until the contract's end without deductions for potential earnings elsewhere, was deemed excessive under Swiss law and reduced to 15% of the total salary. Fourth, Meriau's claims for additional compensation and moral injury were dismissed due to insufficient evidence of further damage or harm to his honor or reputation.
The CAS emphasized proportionality in contractual penalties and the need for clear evidence to support claims for damages. It awarded Meriau EUR 141,393.23, covering unpaid wages, adjusted benefits, and school expenses, while dismissing other claims. The ruling highlighted the enforceability of contractual terms under Swiss law, provided they do not disadvantage the employee, and clarified the jurisdictional scope of FIFA in disputes involving technical staff. The case underscores the importance of precise contractual terms and the legal principles governing employment disputes in international sports.