The case involves a legal dispute between Wydad Athletic Club (WAC) and Ruben Albes Yanez, a Spanish football coach, over the termination of his employment contract. The conflict arose after Yanez was dismissed in September 2012 following a match loss, with WAC citing fan pressure as the reason. The dismissal was communicated verbally, and Yanez claimed it was unjust, seeking compensation for unpaid salaries and bonuses. The dispute was initially brought before the Fédération Royale Marocaine de Football (FRMF), which ruled in Yanez's favor. WAC appealed to the Court of Arbitration for Sport (CAS), challenging the admissibility of evidence, the independence of the FRMF tribunal, and the interpretation of the dispute resolution clause in the contract.
CAS addressed several key issues. It ruled that electronic submission of exhibits was admissible under its procedural rules. The dispute resolution clause was interpreted to allow FIFA as an alternative forum to FRMF, not a subsequent one. CAS also found the FRMF tribunal lacked independence due to conflicts of interest, as its arbitrators were appointed by the FRMF president and included FRMF employees. The panel concluded that the FRMF decision violated due process and thus had no res judicata effect, meaning it could not be enforced under the New York Convention or Swiss law.
The case proceeded through multiple stages, including proceedings before FIFA, which ruled in Yanez's favor, ordering WAC to pay outstanding salaries, bonuses, and compensation for breach of contract. WAC challenged FIFA's jurisdiction, arguing the FRMF should have handled the dispute first, but CAS upheld FIFA's authority, noting the FRMF's procedural flaws and lack of proper notification to Yanez. The panel emphasized the importance of fair arbitration procedures and impartial dispute resolution bodies in sports contracts.
Ultimately, CAS dismissed WAC's appeal, confirming Yanez's entitlement to compensation. The panel ruled that WAC had terminated the contract without just cause, as evidenced by the immediate appointment of a new coaching staff. WAC's arguments, including claims that Yanez abandoned his position, were dismissed due to lack of evidence. The financial obligations included unpaid salaries, bonuses, and compensation for the remaining contract term, with interest accruing from the due dates. The case underscores the significance of contractual fairness, procedural integrity, and the enforcement of employment obligations in sports law. The final decision reinforced the principles of due process and the need for impartial arbitration in resolving sports-related disputes.