The case involves a legal dispute between Malian professional football player Mahamadou Traoré and Algerian club CS Constantine (CSC) regarding the termination of his employment contract. The dispute was adjudicated by the Court of Arbitration for Sport (CAS), with Swiss law governing the proceedings. The key issues centered on the validity of a mutual termination agreement, jurisdictional competence, admissibility of evidence, and the player's entitlement to unpaid salaries and bonuses.
Traoré signed a contract with CSC in July 2019, valid until May 2021. By October 2019, the club's coach expressed doubts about his suitability, leading to discussions about his release. In January 2020, Traoré was excluded from a training camp, and the parties disputed whether he had agreed to terminate his contract. Traoré claimed he was misled into signing documents he believed were for visa purposes, while CSC insisted the termination was mutual. The player later alleged the agreement was forged or obtained fraudulently, pointing to inconsistencies such as being incorrectly identified as "Head Coach" in the document.
The CAS addressed jurisdictional challenges, noting CSC had waived objections by participating in proceedings without reservation. The arbitrator emphasized FIFA regulations took precedence over national laws or contractual provisions. Regarding evidence, the CAS ruled it had discretion to admit or exclude unlawfully obtained evidence but found audio recordings submitted by Traoré irrelevant to the core issue of the termination agreement's validity.
The arbitrator examined the termination agreement under Swiss law, which requires mutual consent, a reflection period, and reciprocal concessions of equivalent value. The agreement lacked these elements, as Traoré was given no time to consider the termination and received no substantial concessions beyond unpaid salaries. The arbitrator concluded the agreement was invalid, treating the termination as unilateral by CSC.
Traoré sought compensation for unpaid salaries, match bonuses, and damages. The club failed to provide internal regulations outlining bonus structures, undermining its defense. The arbitrator awarded Traoré compensation for the remaining 16 months of his contract, deducting earnings from his subsequent contract with Tunisian club Olympique de Béja. The final amount was DZD 15,874,120, with 5% annual interest from the termination date.
The case highlights the importance of procedural fairness and substantive protections in employment terminations, particularly in professional sports. It underscores the need for clear contractual terms, good faith negotiations, and adherence to legal standards in mutual termination agreements. The CAS ruling affirmed the player's rights, ensuring fair compensation for unjust termination while dismissing unsubstantiated claims. The decision reinforces the role of arbitration in resolving international football disputes and the primacy of FIFA regulations in such cases.