Labour Disputes
Texto da decisão
REF. FPSD-17603
Decision of the
Dispute Resolution Chamber
passed on 13 March 2025
regarding an employment-related dispute concerning the player
Adenkule David Adekele
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Oleg ZADUBROVSKIY (Russia), Member
Alexandra BRUINEWOUD GOMEZ (Uruguay & the Netherlands), Member
CLAIMANT:
Adenkule David Adekele, Nigeria
Represented by Chijioke Okpanku
RESPONDENT:
Maccabi Yafo, Israel
pg. 2
REF. FPSD-17603
I. Facts of the case
1.
On 16 July 2024, the Nigerian player Adekunle David Adeleke (hereinafter: the Claimant or
the Player) and the Israeli club Maccabi Yafo (hereinafter: the Respondent or the Club)
concluded an employment contract (hereinafter: the Contract) valid as from 1 August 2024
until 31 May 2025.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a
monthly salary of ILS 9,000, and to provide him with a monthly living allowance of ILS 7,650.
3.
In addition, article 4 of the Contract read as follows:
“The Club hereby undertakes […] as follows:
[…]
d. 1) To insure the Player, starting from the- date of commencement of this Agreement and up
to the date of termination of its validity, including during the official off season following the end
of the period of this Agreement, against personal accidents causing death and/or disability
and/or loss of the Player’s ability to work, in adequate amounts that shall not be less than that
specified in the Sports Law 5748-1988 (hereinafter – “the Sports Law”) and in the regulations
made pursuant thereto (and subjected to those) and to cover all of the Player’s activities in Israel
and abroad, both within the framework of the Club and within the framework of Israel’s national
team, subject to the provisions of Section 7 of the Sports Law.
2) The Player confirms that the terms and amounts of the insurance coverage proposed to him
by the Club, as stated above, and which has been shown to him, are to his full satisfaction and
that he will not have any claims and/or demands whatever against the Club and/or against the
Association in this regard.
3) The Player confirms that it has been explained to him that, insofar as he feels that it is right
to increase the amount of the insurance coverage beyond the coverage that the Club has taken
out for him, as stated above, he shall do this by himself and at his own expense ad on his own
responsibility.
e. To provide the Player with adequate medical care during the period of this Agreement and
should it be necessary and after adequate medical certificates have been presented, also after
the period of the Agreement, all to the extent and according to the customary conditions. […]”
4.
On 9 September 2024, the Player allegedly suffered an injury while playing in an official
league game with the Club.
5.
On 13 October 2024, in order to ascertain the gravity of his injury, the Player underwent a
magnetic resonance imaging scan, which confirmed a full radial tear of the posterior root
of the medial meniscus.
pg. 3
REF. FPSD-17603
6.
By correspondence dated 4 November 2024, the Claimant put the Respondent in default
of not providing him with medical care and requested to undergo surgery by no later than
11 November 2024.
7.
On the same day, i.e. 4 November 2024, the Respondent answered the default notice of
the Claimant as follows:
“[…] Following a comprehensive review of your claims, we firmly reject them in their entirety.
The player you represented joined our club with assurances of being in optimal professional
condition.
However, it quickly became evident that he suffers from significant, pre-existing issues with his
left knee.
This critical medical information, which was knowingly concealed, constitutes a severe breach
of trust and gross misrepresentation that has led to extensive financial losses for our club.
From day one, the player demonstrated visible signs of injury, corroborated by multiple
witnesses.
Additionally, according to a medical expert assessment, the condition of the player’s knee is far
from consistent with that of a typical 22-year-old athlete. This discrepancy provides further
indication that the player deliberately withheld essential information about his health status
prior to signing.
The financial costs involved in this signing, alongside resources allocated to his integration,
accommodation and living expenses training, visa, and medical evaluations, have resulted in
significant economic damages.
In light of these findings, we are actively considering our legal and contractual options to address
the damages incurred.
However, in the interest of avoiding escalation, we are open to a formal discussion to reach a
mutually acceptable resolution.
This letter serves as official notice of our rejection of any financial or contractual obligations
under the original agreement due to the substantial misrepresentation and the significant losses
suffered by the club.
We expect your prompt and serious response, fully addressing the gravity of this situation.
All rights, claims, and legal actions are reserved exclusively by the club.”
pg. 4
REF. FPSD-17603
8.
On 5 November 2024, the Respondent terminated the Contract with the Claimant with the
following correspondence:
“[…] We hereby formally notify you of the immediate termination of the agreement dated 16 July
2024 between Maccabi Jaffa F.C. (hereinafter: "the Club") and the Player (Adekunle David
Adeleke).
This termination extends to all further agreements or understandings between the Club and any
affiliated parties of the Player, including but not limited to agreements involving Gordogordo
Eagles Football Club (i.e. Loan Transfer Agreement dated 16th of July 2024) or any commission
agreements.
This decision follows our letter dated 4 November 2024, which addressed several breaches of
contract and non-disclosures by the Player and his agents.
However, recent developments have revealed even more egregious violations, necessitating
immediate termination of all agreements.
Firstly, we have been made aware, to our profound dismay, that the Player deliberately
misrepresented his age, and, furthermore, submitted a falsified passport as proof of identity.
Even more troubling, we have learned that the Player has a prior history of playing in Israel
approximately seven years ago, a fact he concealed from the Club. It should be noted that we
presented the Player with documents on the matter, and he did not deny the Club's claims. Such
conduct constitutes a serious breach of trust and may further amount to criminal fraud and a
clear violation of Israeli immigration law. These actions and omissions by the Player necessitate
and justify the immediate termination of the agreement, and accordingly, the Club hereby
notifies.
Secondly, as specified in our letter dated 4 November 2024, the Player failed to disclose critical
information regarding his medical condition. The Club stands by all points raised in that letter
and reasserts the severity of this misrepresentation, which denied us the ability to accurately
assess his fitness for play.
The actions of the Player, as well as those of his representatives and agents, are in clear violation
of both contractual obligations and statutory duties. Each of the acts and omissions of the Player
as mentioned above, obliges and justifies the immediate cancellation of the agreement and all
other agreements.
The Club, therefore, reserves all rights and claims against the Player, his representatives, and
any other involved parties for the extensive damages these violations have caused.
The Club has sustained significant financial and reputational harm due to these breaches, and
we fully intend to pursue all available legal avenues to seek redress and recovery of damages
from all liable parties.
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REF. FPSD-17603
Furthermore, the Player is hereby instructed NOT to attend any further team training sessions
or Club activities. He is also expected to make instant arrangements for his immediate departure
from Israel within the coming days (i.e. maximum five days from today).
Failure to comply with these instructions will result in the Club taking additional actions as
necessary.
The Player is also required to sign a formal consent statement confirming the termination of the
agreement, which will be submitted to the Budget Control Authority for formal recognition of
the contract’s cancellation.
Should the Player fail to comply with the above instructions, the Club will pursue all legal
avenues available under applicable law, including reporting this matter to the relevant
authorities.
This letter serves as formal and irrevocable notice of the termination of all contractual relations
between the Club and the Player, as well as any agreements between the Club and Gordogordo
Eagles Football Club.
The Club will take all further actions deemed necessary to protect its rights and interests.
All rights, claims, and legal actions are reserved exclusively by the club.”
9.
On 6 November 2024, the Club sent the following document to the Player, who refused to
sign it:
“[…] Release and Waiver of Claims
I, the undersigned, Adekunle David Adeleke (Passport No. B00274909), hereby confirm that my
employment with the Association ended on November 5, 2024.
The agreement dated July 16, 2024 ("the Agreement"), is hereby null and void.
I affirm that I have no claims and will not have any claims in connection with the Agreement
and/or my employment with the Association and/or the termination of my employment and/or
the manner of its termination.
I affirm that I have received all funds and documents owed to me in connection with my
employment and its termination, including but not limited to wages, overtime, vacation payout,
recuperation pay, sick days, travel expenses, social benefits, holiday pay, pay slips, employment
agreements, severance, and other entitlements.
It is agreed that the financial arrangement constitutes a full, final, and comprehensive
settlement of any and all claims, demands, and entitlements due to me from the Association or
pg. 6
REF. FPSD-17603
its representatives concerning the Agreement, my employment, termination of employment, and
any manner in which it was concluded.
I further confirm that I am not owed, nor will I be owed in the future, any additional funds in
connection with the Agreement, my employment with the Association up to the date my
employment officially concluded.
Additionally, I affirm that the Association is not obligated to pay me any sum of money of any
kind or nature whatsoever, beyond the sums specified in this document.
In light of the above, I declare, after conducting a thorough review of my rights, that neither I
nor anyone on my behalf will have any claims and/or demands and/or grievances of any kind
against the Association or any of its representatives, directly or indirectly, concerning my
relationship with the Association, including the Agreement or any other employment
agreements.
Should any claim be filed by me or by any party on my behalf against the Association, including
the matters mentioned above, I confirm in advance that such a claim shall be null and void, and
I will return any amount already paid to me.
I confirm that I have consulted on this matter, including with my legal counsel and/or me agents,
before signing this document. I hereby confirm that this document has been signed by me of my
own free will, without any pressure, exploitation, or coercion, and that I have been given
sufficient time to read the document and understand its contents.
The statements and agreements herein, particularly the waiver above and below, shall: (a) be
interpreted broadly to encompass all issues, rights, obligations, and commitments; and (b) apply
to both the Association and any of its representatives, including Association members,
employees, managers, officers, and anyone acting on their behalf.
I undertake to keep this agreement and/or its details and/or its existence strictly confidential,
and not to disclose this agreement, its details, or its existence to any third party.
It was made clear to me that my commitment to confidentiality is a basis for the Association.”
10. The Player informed FIFA that he remained unemployed until today.
II. Proceedings before FIFA
11. On 26 December 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
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REF. FPSD-17603
a. Position of the Claimant
12. According to the Claimant, the Club breached the Contract by failing to provide him with
medical care despite being injured. In this regard, the Player noted that the abusive
conduct of the Club has caused him immense distress and has irreparably damaged his
professional and personal life.
13. Considering the foregoing, the Claimant requested ILS 133,200 as compensation for the
breach of the Contract, which corresponds to 8 monthly salaries, i.e. from October 2024
until May 2024, ILS 40,000 as moral compensation, as well as NGN 11,000,000 as
reimbursement of medical expenses.
b. Position of the Respondent
14. Despite being invited to do so, the Respondent failed to reply to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or the DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 26 December 2024 and submitted for decision
on 13 March 2025. Taking into account the wording of art. 34 of the January 2025 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
16. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (January 2025 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Nigerian player
and an Israeli club.
17. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations on the Status and Transfer of Players, the January 2025 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
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REF. FPSD-17603
b. Burden of proof
18. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by or
within the Transfer Matching System (TMS).
c. Merits of the dispute
19. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
20. The Chamber then moved to the substance of the matter, and took note of the fact that,
according to the Claimant, the Respondent failed to provide him with proper medical
treatment to treat his injury and then unilaterally terminated the Contract without just
cause due to his medical condition.
21. The Chamber first acknowledged that its task was to determine, whether the allegations of
the Player can be demonstrated, and to decide on the consequences arising thereof. In this
regard, the Chamber noted that the Respondent failed to reply to the claim and therefore
its decision shall be based on the facts and evidence established in the file, in line with art.
14 par. 1 and 21, par. 1 of the Procedural Rules.
22. The Chamber then recalled the Football Tribunal’s long-standing jurisprudence, according
to which only a breach or misconduct which is of a certain severity justifies the termination
of a contract without prior warning. In other words, only when there are objective criteria
which do not reasonably permit to expect the continuation of the employment relationship
between the parties, a contract may be terminated prematurely. Hence, if there are more
lenient measures which can be taken in order for an employer to assure the employee’s
fulfilment of his contractual duties, such measures must be taken before terminating an
employment contract. A premature termination of an employment contract can only be an
ultima ratio.
23. In the present matter, the Chamber pointed out that it remained undisputed that the
Player suffered an injury during the term of his employment relationship with the Club and
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REF. FPSD-17603
that the latter terminated the Contract with its correspondence dated 5 November 2024
on the basis that the Player allegedly misrepresented his age, falsified his identity and failed
to disclose critical information regarding his medical condition.
24. In this context, the Chamber deemed that in the absence of a reply from the Club, it failed
to meet its burden of proof to demonstrate that the termination of the Contract took place
as an ultima ratio measure. In this regard, the Chamber observed that the Club’s allegations
as to the termination of the Contract in its correspondence dated 5 November 2024
provided by the Player are not supported with the necessary documentary evidence.
25. In continuation, the Chamber underscored that the economic consequences of a player’s
injury can be managed with an insurance policy and that a player’s employment contract
cannot be terminated due to an injury, as it is considered an abusive behaviour. In fact, the
Chamber pointed out that the termination of a player’s employment contract because of
his injury is a clear breach of the Regulations. In any case, the Chamber underlined that, in
the case at stake, the Club explicitly undertook in article 4 of the Contract to insure the
Player and to provide him with medical care during the employment relationship.
26. In view of the above, and in absence of a reply from the Club, the Chamber concluded that
the Club terminated the Contract without just cause with its correspondence dated 5
November 2024, as the medical condition of the Player does not give the Club just cause
to terminate the Contract, which goes in hand with art. 18 par. 4 of the Regulations. In fact,
the Chamber underlined that a club willing to engage a specific player should perform any
medical examination prior to concluding any employment contract with the player.
ii. Consequences
27. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
28. The Chamber observed that the Player acknowledged having received his remuneration
corresponding to the months of August 2024 and September 2024. In this context, the
Chamber considered that the Player’s outstanding remuneration at the time of termination
of the Contract, coupled with his specific requests for relief, is equivalent to the monthly
salary of October 2024.
29. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amount
which was outstanding under the Contract at the moment of its termination, i.e. ILS 16,650.
30. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player by the Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
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amount of compensation shall be calculated, in particular and unless otherwise provided
for in the employment contract at the basis of the dispute, taking into account the damage
suffered, according to the “positive interest” principle, having regard to the individual facts
and circumstances of each case and with due consideration for the law of the country
concerned.
31. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
32. As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Club to the Player had to be assessed in application of the
other parameters set out in art. 17 par. 1 of the Regulations. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the Player by the Club shall
be equal to the residual value of the Contract that was prematurely terminated, unless the
Player signed a new employment contract following the termination of his previous one (cf.
art. 17 par. 1 lit. i)).
33. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of ILS 116,550 (i.e. the Player’s monthly salaries from November
2024 until May 2025) serves as the basis for the determination of the amount of
compensation for the breach of the Contract.
34. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the player’s general obligation to
mitigate his damages. In this respect, the Chamber noted that the Player remained
unemployed since the unilateral termination of the Contract, hence did not mitigate his
damages.
35. The Chamber then referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in
case a player did not sign any new contract following the termination of their previous
contract, as a general rule, the compensation shall be equal to the residual value of the
contract that was prematurely terminated.
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REF. FPSD-17603
36. Regarding the Player’s request for reimbursement of medical expenses, the Chamber
determined, after a thorough analysis of the evidence on file, to award the Player the
amount of NGN 120,500 on the basis of article 4 par. e) of the Contract. Regarding the
remaining amount requested by the Player for reimbursement of medical expenses, i.e.
NGN 9,149,162, the Chamber observed that it was not supported with the necessary
documentary evidence and therefore decided not to award it.
37. Finally, regarding compensation for moral damages, the Chamber decided, based on the
jurisprudence of the Football Tribunal, to reject this claim as the Claimant did not provide
any/sufficient evidence or justification regarding the alleged moral damages suffered, or
their quantification.
38. Consequently, on account of all of the above-mentioned considerations and the
specificities of the case at hand, the Chamber decided that the Club must pay ILS 116,650
to the Player as compensation for the breach of the Contract, as well as NGN 120,500 as
reimbursement of medical expenses. Lastly, the Single Judge took note of the Player's
request and decided not to award interest on the said amounts in accordance with the
principle ne ultra petita.
iii. Compliance with monetary decisions
39. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
40. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
41. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
42. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
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43. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
44. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
45. Likewise, and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
46. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Adenkule David Adekele, is partially accepted.
2.
The Respondent, Maccabi Yafo, must pay to the Claimant the following amounts:
- ILS 16,650 as outstanding remuneration.
- ILS 116,550 as compensation for breach of contract.
- NGN 120,500 as reimbursement for expenses.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION:
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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