The case revolves around a legal dispute between Raphaël Hamidi and Wydad Athletic Club (WAC) concerning the termination of Hamidi's employment contract as a technical director. The Court of Arbitration for Sport (CAS) rendered its decision on December 22, 2017, addressing both procedural and substantive issues. The dispute originated when WAC terminated Hamidi's contract without just cause, failing to pay his salaries for June, July, and August 2012, and replacing him without notice. Hamidi sought compensation for unpaid salaries, moral damages, and other financial claims, while WAC argued the termination was justified due to Hamidi's alleged lack of a valid coaching diploma.
Procedurally, the CAS emphasized the importance of timely jurisdictional objections and rejected excessive formalism, particularly regarding fee payments. It ruled that Hamidi's appeal was admissible, as he filed it within the 21-day deadline after becoming aware of the contested decision on December 27, 2016. The CAS also confirmed its jurisdiction under Swiss law, as the arbitration was international in nature, and dismissed WAC's belated objections to its competence.
On the merits, the CAS found WAC's termination of Hamidi's contract unjustified. The club failed to provide concrete evidence that Hamidi's diploma was invalid or that he was removed from the coaches' registry. The discrepancies in his documentation, such as the use of different names, were resolvable and did not warrant termination. Consequently, the CAS awarded Hamidi unpaid salaries totaling 1,212,500 MAD, with 5% annual interest from the termination date. However, it rejected his claims for moral damages, career damages, and legal fees due to insufficient evidence. The CAS also annulled prior decisions by the Royal Moroccan Football Federation's (FRMF) appeal bodies, which had incorrectly declared Hamidi's appeal inadmissible based on unfounded fee requirements.
The case underscores the importance of procedural fairness, proper contractual adherence, and the rejection of excessive formalism in arbitration. It highlights the challenges of employment disputes in sports governance, particularly regarding licensing and regulatory compliance. The CAS's decision balanced contractual obligations with equitable remedies, ensuring Hamidi received compensation for wrongful termination while dismissing unsubstantiated claims. The ruling serves as a reminder of the need for clear communication, procedural diligence, and evidence-based decision-making in resolving such disputes.