The case involves a dispute between Moroccan football club MAS de Fès and player Alexis Yougouda Kada, adjudicated by the Court of Arbitration for Sport (CAS) on December 17, 2021. The conflict arose from the player's unilateral termination of his employment contract, citing just cause due to the club's failure to pay salaries and bonuses as stipulated in their agreement signed on January 14, 2019. The contract, governed by Moroccan labor law, Royal Moroccan Football Federation (FRMF) regulations, and FIFA's Regulations on the Status and Transfer of Players (RSTP), outlined monthly salaries, signing bonuses, and performance-based incentives.
The player claimed the club failed to pay his April, May, and June 2019 salaries, as well as performance bonuses, leading him to terminate the contract in August 2019. The club countered by accusing the player of abandoning his post without justification and missing training sessions. The dispute escalated through multiple legal channels, including the FRMF's National Dispute Resolution Chamber (CNRL) and FIFA's Dispute Resolution Chamber (DRC), before reaching the CAS. The FIFA DRC ruled in favor of the player, finding the club liable for unpaid wages and performance bonuses, and justified the player's termination under Article 14 of FIFA's RSTP. The club appealed this decision to the CAS.
The CAS emphasized the primacy of contractual agreements and applicable regulations, with national law playing a subsidiary role. It upheld the player's right to terminate the contract for just cause, citing the club's persistent non-payment and lack of intention to fulfill financial obligations. The CAS rejected the club's argument that the player's termination did not comply with the 15-day notice period under FIFA's Article 14 bis, ruling that such formalities are irrelevant when the debtor shows no intent to pay. The tribunal also affirmed that pre-agreed compensation terms in the contract override FIFA's standard calculation methods, meaning the club owed the full remaining salary without reduction, even if the player secured new employment.
The CAS dismissed the club's appeal, confirming the FIFA DRC's decision and ordering the club to pay the player MAD 56,000 in unpaid wages and MAD 738,000 as compensation for contract termination. The ruling underscores the importance of adhering to financial obligations in employment contracts and the binding nature of mutually agreed terms over standard regulations. The case highlights the complexities of contractual disputes in football, particularly regarding unilateral terminations, financial breaches, and the interplay between national and international regulations. The final decision reinforces the principle that persistent non-payment of salaries constitutes just cause for contract termination under FIFA and Swiss law.