The case involves a dispute between professional football player Kader Georges Bidimbou and the Portuguese club Associação Desportiva Sanjoanense (ADS) regarding the termination of their employment contract. The conflict was initially reviewed by FIFA's Dispute Resolution Chamber (DRC), which ruled in favor of ADS, ordering Bidimbou to pay compensation for breach of contract. Bidimbou appealed this decision to the Court of Arbitration for Sport (CAS), which examined the case de novo but within the scope of the issues presented to the FIFA DRC. The central issue was whether Bidimbou had just cause to terminate his contract with ADS. The employment contract was signed on January 29, 2016, but disagreements arose over its terms and payments. Bidimbou claimed he was not paid his salary of €20,000, which he argued justified termination under FIFA regulations. On June 24, 2016, he sent a termination letter to ADS and the Portuguese Football Federation. Later, on August 19, 2016, he signed a statement refusing to train or play for ADS, citing psychological reasons and asserting no salary was owed. He then returned to Congo and resumed playing for his former club, AC Léopards, before transferring to other clubs.
ADS filed a claim with FIFA DRC, alleging Bidimbou breached his contract by refusing to train and play, and sought compensation. The FIFA DRC ruled in favor of ADS, ordering Bidimbou to pay $30,000 in compensation, with AC Léopards jointly liable. The decision was based on the validity of the contract and Bidimbou's failure to prove just cause for termination. The CAS panel emphasized that "just cause" must be assessed case by case, considering whether the breach was severe enough to destroy the trust essential to the employment relationship. Only serious breaches or persistent minor breaches after a warning typically justify immediate termination. The panel reviewed the facts, including Bidimbou's allegations of unpaid salaries and ADS's claims of contract breach, to determine whether the FIFA DRC's decision was justified.
Bidimbou argued that ADS failed to pay his salaries, justifying his termination, and contested the validity of a statement he signed in August 2016, claiming it was coerced due to financial distress and the confiscation of his passport. He sought €15,200 in unpaid wages and additional compensation totaling €120,800. ADS countered that Bidimbou never raised salary arrears or compensation claims before the FIFA DRC, making these claims inadmissible. They alleged Bidimbou and the Congolese Football Federation circumvented transfer regulations and denied receiving a termination letter. ADS claimed Bidimbou voluntarily handed over his passport and received his salary in cash.
The CAS Sole Arbitrator assessed jurisdiction under Swiss law and the CAS Code, confirming authority to hear the appeal under FIFA Statutes. The Arbitrator ruled that Bidimbou’s termination lacked just cause, as the breach was neither severe nor persistent enough to excuse the lack of prior notice. The compensation amount was recalculated based on the player's market value at the time of termination, set at USD 17,950.30, reflecting the actual transfer fee paid by another club. The Arbitrator upheld a 5% annual interest on the compensation from the claim filing date until payment. The CAS partially accepted Bidimbou's appeal, adjusting the compensation amount but upholding the FIFA DRC's decision in principle. The final ruling required Bidimbou to pay ADS USD 17,950.30 plus 5% interest within 30 days of notification, dismissing all other claims. The case underscores the complexities of contractual disputes in football, emphasizing the importance of valid documentation, procedural fairness, and adherence to FIFA regulations in resolving such conflicts.