The case involves a dispute between professional football player Yves Diba Ilunga and Al Shoullah Club, adjudicated by the Court of Arbitration for Sport (CAS) on April 15, 2019. The conflict centered on unpaid salaries, unjustified disciplinary sanctions, and allegations of coercion by the club. Ilunga, a Congolese national, had a contract with the Saudi Arabian club from July 2016 to May 2017, which included a monthly salary and an end-of-contract bonus. The club imposed partial salary deductions, citing disciplinary reasons such as an altercation with a teammate and unauthorized absences. Ilunga contested these deductions, arguing they were unjustified and that he faced undue pressure, including being denied an exit permit after the season ended.
The CAS emphasized the primacy of applicable regulations over contractual terms, as per Article R58 of the CAS Code. It also highlighted the mandatory nature of wage payments under Swiss law, particularly Article 341 of the Swiss Code of Obligations (CO), which protects workers from unilateral waivers of salary claims. The tribunal examined whether the club’s conduct violated contractual and legal obligations, including the protection of the player’s financial and personal rights. Ilunga alleged the club failed to pay his full salary and bonus, withheld his exit permit, and subjected him to inhumane treatment. The club defended its actions, claiming the deductions were justified and that Ilunga refused to accept payments.
A key issue was a settlement agreement signed by Ilunga on June 4, 2017, in which he acknowledged receiving all contractual dues and waived future claims. The club argued this agreement was valid, while Ilunga claimed it was signed under duress. The CAS found the agreement invalid under Swiss law, as it lacked mutual concessions and was signed within the one-month protective period following the contract’s termination. The tribunal also noted the club’s failure to provide evidence of written notifications or proper dispute resolution for the disciplinary sanctions, rendering them unfounded.
The CAS partially admitted Ilunga’s appeal, annulling a previous decision by FIFA’s Dispute Resolution Chamber. It ordered the club to pay Ilunga USD 32,044 in unpaid salaries, plus 5% annual interest from May 31, 2017. However, the tribunal dismissed Ilunga’s claims for moral damages and additional compensation due to insufficient evidence. The case underscores the legal protections for athletes against arbitrary sanctions and unpaid wages, as well as the importance of procedural compliance in disciplinary actions. The decision reinforces the principle that employment rights, including timely payment of wages, cannot be unilaterally overridden by disciplinary measures.