The case revolves around a dispute between Al Shaab FC, a football club based in the United Arab Emirates, and Aymard Guirie, a professional football player from Ivory Coast, concerning the termination of Guirie’s employment contract. The contract, signed on 5 October 2011, was valid until 30 June 2012 and stipulated that Guirie would receive a total of USD 200,000 in installments. However, on 30 January 2012, Al Shaab FC de-registered Guirie from the UAE Football Association, effectively terminating his contract without his consent. The club claimed Guirie had signed a waiver relinquishing his financial claims, but Guirie disputed the authenticity of the document, arguing he would not have agreed to termination without alternative employment or compensation.
Guirie filed a claim with FIFA’s Dispute Resolution Chamber (DRC) on 1 October 2012, seeking unpaid wages of USD 100,000 for the remaining contract period, plus interest. The DRC ruled in Guirie’s favor, ordering the club to pay the claimed amount, as the waiver was deemed invalid under Swiss law, specifically Article 341 of the Swiss Code of Obligations, which prohibits employees from waiving rights to due payments during or shortly after employment. Al Shaab FC appealed to the Court of Arbitration for Sport (CAS), arguing the DRC’s decision was flawed. The CAS upheld the DRC’s ruling, emphasizing that de-registering a player constitutes a breach of contract under FIFA’s Regulations on the Status and Transfer of Players (RSTP 2010), as it prevents the player from competing. The CAS also rejected the club’s claim that Guirie’s poor performance justified termination, stating inadequate sporting performance does not constitute legitimate grounds for contract termination.
The CAS proceedings involved detailed examination of the disputed waiver. An expert opinion confirmed the authenticity of Guirie’s signature but raised concerns about the document’s preparation, suggesting the signature might have been placed on a blank paper. Guirie requested further analysis using a Scanning Electron Microscope (SEM), but the club refused to bear the costs, leading to the withdrawal of the request. The CAS concluded the club failed to prove the waiver’s validity, leaving the termination unjustified. The CAS upheld the DRC’s decision, affirming Guirie’s entitlement to USD 100,000 plus 5% annual interest from 12 September 2012 until full payment. The club’s counterclaim for damages was dismissed, as it lacked merit and had not been raised earlier.
The ruling reinforced key principles in football employment contracts, including the invalidity of unilateral waivers and the protection of players’ rights against unjust termination. It highlighted the importance of contractual stability and the burden of proof in disputes over mutual agreements. The case underscores the CAS’s role in ensuring fair resolution of international sports disputes, particularly in complex contractual and jurisdictional matters. The final decision emphasized the enforceability of Swiss law provisions protecting employees’ rights in cases of wrongful termination.