The case involves a dispute between Mouloudia Club d’Oujda (the Club) and professional footballer Yacouba Sylla (the Player) regarding the termination of the Player’s employment contract and subsequent financial claims. The Club terminated the contract on March 2, 2021, citing "just cause" due to the Player’s unjustified absence, while the Player argued his absence was justified by unpaid salaries and medical treatment. The dispute was brought before the Court of Arbitration for Sport (CAS) after FIFA’s Dispute Resolution Chamber (DRC) ruled partially in the Player’s favor, ordering the Club to pay unpaid salaries, medical expenses, and compensation for unjust termination. The Club appealed this decision, contesting the compensation amount and arguing the Player’s absence breached contractual obligations.
The Player had been granted leave for medical treatment in France but failed to return by the agreed date of February 1, 2021, citing COVID-19 travel restrictions and alleged threats from fans. The Club contended the Player had sufficient documentation to return and accused him of abandoning his post. The Player, in turn, invoked the "exceptio non adimpleti contractus" (defense of non-performance), claiming unpaid salaries justified his absence. The CAS panel, referencing Swiss law and FIFA regulations, ruled that the Player’s absence constituted a breach of contract, justifying termination, but noted the Club’s failure to pay salaries mitigated the Player’s liability. The panel emphasized that the defense of non-performance must be raised explicitly at the time of non-performance and cannot be invoked retroactively.
Financial consequences were assessed under Swiss law (Article 337b CO), which allows courts to consider circumstances, including fault by either party. The Club’s failure to pay salaries and lack of effort to assist the Player in opening a Moroccan bank account for payment were significant factors. The Player’s new contract with Sporting Club de Bastia, earning 5,000 EUR monthly, was also considered. The CAS upheld the DRC’s ruling on unpaid wages for November and December 2020 and January 2021 but denied compensation for February 2021 due to the Player’s unjustified absence. The Club was ordered to pay 1,685,000 MAD for overdue wages and 2,323 EUR for medical expenses, with 5% annual interest from March 2, 2021. The request for compensation due to contract termination was rejected, and all other claims were dismissed.
The case highlights the interplay between FIFA regulations and national law in resolving contractual disputes in football. The decision underscores the importance of clear communication, adherence to contractual obligations, and mutual compliance. The ruling provides guidance on interpreting "just cause" for termination and the financial implications of such actions, balancing the responsibilities of clubs and players in professional football contracts. The arbitrator’s analysis reaffirmed the necessity of contractual stability and the conditions under which unilateral termination is permissible, emphasizing the judicial discretion in evaluating termination consequences.