The Court of Arbitration for Sport (CAS) ruled on August 16, 2021, in a dispute between Moghreb Athletic Tetouan (MAT), a Moroccan football club, and Ouattara Bassiriki, an Ivorian professional footballer. The case centered on the termination of Bassiriki's contract due to unpaid salaries and inadequate medical care. Bassiriki signed a three-season contract with MAT in September 2017, which included monthly salaries, a signing bonus, housing allowance, and travel benefits. In October 2017, he suffered a severe knee injury during a match, requiring surgery and rehabilitation. While the club initially reported the injury to its insurer, it allegedly failed to provide adequate medical support, forcing Bassiriki to seek independent treatment. He claimed he received only partial salary payments and terminated his contract, arguing that the club’s failure to pay his salaries for at least two months constituted just cause under FIFA’s Regulations on the Status and Transfer of Players (RSTJ). MAT countered by accusing Bassiriki of abandoning his treatment and leaving the club without notice, justifying their suspension of his salary.
The CAS panel examined evidence, including correspondence and payment records, and concluded that the club’s failure to fulfill financial obligations and provide proper medical care justified the player’s termination. The ruling emphasized that clubs must ensure their official communication channels, such as email addresses registered in FIFA’s Transfer Matching System (TMS), remain accessible, dismissing the club’s argument that the COVID-19 pandemic prevented access to emails. The panel upheld FIFA’s regulations stating that unpaid salaries for over two months constitute just cause for contract termination, provided the player issues a formal notice giving the club at least 15 days to rectify the situation.
Bassiriki underwent multiple knee surgeries and faced financial and medical hardships during his recovery. Despite repeated attempts to communicate with the club, MAT failed to address his contractual obligations or provide support. In December 2018, MAT informed the Moroccan Football Federation (FRMF) that the player had left the club and requested the cancellation of his license. Bassiriki continued to seek medical treatment, including a third surgery in July 2019, which required financial intervention from the Moroccan Union of Professional Footballers (UMFP). In February 2020, after the club ignored his formal demand for reinstatement and payment of owed salaries, Bassiriki terminated his contract unilaterally and filed a claim with FIFA’s Dispute Resolution Chamber (DRC). The club failed to respond, leading the DRC to rule in favor of Bassiriki in June 2020, ordering MAT to pay overdue salaries totaling MAD 1,538,100, plus 5% annual interest, compensation for contract termination (MAD 392,500), and legal costs (CHF 2,550).
The club appealed to CAS in July 2020, citing postal delays due to the COVID-19 pandemic as a reason for requesting an extension. The CAS panel rejected the club’s arguments, including its claim of procedural unfairness due to alleged lack of notification, as the club had failed to monitor its TMS email. The panel also dismissed the club’s allegations of Bassiriki’s misconduct, finding no evidence to support claims of abandonment or breach of contract. Instead, the panel confirmed that the club’s failure to pay salaries and provide medical care justified the player’s termination. The CAS upheld the DRC’s decision but adjusted the compensation by deducting MAD 7,000 for housing allowances already paid, reducing the total arrears to MAD 1,531,100.
The ruling reinforced the importance of clubs adhering to financial and medical commitments under FIFA regulations and highlighted the player’s rights in cases of contractual breaches. The CAS decision underscored the validity of electronic notifications via TMS and the necessity for parties to maintain up-to-date contact details. The case concluded with the club ordered to fulfill its financial obligations to the player, marking a significant affirmation of player protections in professional football.