Labour Disputes
Texto da decisão
REF. FPSD-14878
Decision of the
Dispute Resolution Chamber
passed on 29 July 2024
regarding an employment-related dispute concerning
the player Konan Norbert Ahuie
BY:
Stijn BOEYKENS (Belgium)
CLAIMANT:
Konan Norbert Ahuie, Ivory Coast
Represented by Loizos Hadjidemetriou
RESPONDENT:
Shabab Al Jabal, Libya
Represented by Muah Tashani
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REF. FPSD-14878
I. Facts of the case
1.
On 28 October 2023, the Ivorian player, Konan Norbert Ahuie (hereinafter: the Claimant or
the Player), and the Libyan club, Shabab Al Jabal (hereinafter: the Respondent or the Club)
signed an employment contract valid as from 28 October 2023 until the end of the Libyan
sporting season.
2.
In accordance with the employment contract (hereinafter: the Contract), the Respondent
undertook, inter alia, to pay to the Claimant USD 8,000 over two instalments.
3.
The Respondent paid to the Claimant USD 4,000 pursuant to the first instalment.
4.
The second instalment was to be paid in monthly salaries over the course of the sporting
season, each equalling USD 571.43 for seven months between November 2023 until May
2024.
5.
By correspondence dated 9 April 2024, the Claimant put the Respondent in default of
payment for outstanding remuneration of USD 4,000 pursuant to the second instalment. A
time limit for remedying the default was not provided.
II. Proceedings before FIFA
6.
On 7 June 2024, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Position of the Claimant
7.
The Claimant submitted that the Club’s last match of the Libyan football season 2023/2024
concluded on 30 May 2024.
8.
According to the Claimant, the Respondent failed to pay the entire amount for the second
instalment, amounting to outstanding remuneration of USD 4,000.
9.
The Claimant requested the following relief:
“The Claimant is calling the FIFA DRC to order the Respondent to pay the due amounts of USD
4,000 net, plus legal interest until full settlement.”
b. Position of the Respondent
10. The Respondent rejected the claim.
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REF. FPSD-14878
11. According to the Respondent, the Player played half of the sporting season and received
USD 4,000, in support of which it provided a receipt signed by the Player.
12. The Respondent further stated that the Player suffered an injury and that both parties
“agreed to terminate the contract amicably in friendly way without damage , and the club paid
300$ hundred USD to the player for termination [sic].”
13. The Respondent provided a receipt for the payment of USD 300, signed by the Player.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as Single Judge) analysed whether he was competent to deal with the case at hand. In
this respect, he took note that the present matter was presented to FIFA on 7 June 2024
and submitted for decision on 29 July 2024. Taking into account the wording of art. 34 of
the March 2023 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.
15. Subsequently, the Single Judge 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 lit. b) of the
Regulations on the Status and Transfer of Players (June 2024 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 an Ivorian player
and a Libyan club.
16. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 7 June 2024, the June 2024 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
17. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may
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REF. FPSD-14878
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
18. Its competence and the applicable regulations having been established, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
19. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the parties strongly dispute that the Respondent
owed any outstanding remuneration under the Contract.
20. In this context, the Single Judge acknowledged that his task was to determine whether the
Contract remained in force until its natural expiration or whether it was mutually
terminated and the residual payments waived.
21. The Single Judge then acknowledged that the Claimant provided evidence that a valid
employment contract existed between the parties, wherein the Respondent undertook to
pay the Claimant USD 8,000 in total, including the second instalment of USD 4,000.
22. The Single Judge further noted the Claimant’s allegation that the second instalment went
unpaid and that the Respondent provided evidence of a payment to the Claimant in the
amount of USD 300.
23. Then, the Single Judge observed that the Respondent provided no evidence that it complied
with payment of the residual USD 3,700 still owed under the Contract.
24. In continuation, The Single Judge highlighted the Respondent’s argument that the parties
had mutually terminated the Contract but noted that the Respondent failed to provide any
evidence of such an agreement.
ii. Consequences
25. By way of conclusion, the Single Judge found that the Respondent did not fulfil its financial
obligations under the Contract and therefore, the Claimant should be entitled to the
outstanding remuneration sought in line with the general legal principle of pacta sunt
servanda.
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REF. FPSD-14878
26. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as from their respective due
dates until the date of effective payment.
iii. Compliance with monetary decisions
27. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with his 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.
28. In this regard, the Single Judge 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.
29. Therefore, bearing in mind the above, the Single Judge 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.
30. 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.
31. The Single Judge 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
32. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
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REF. FPSD-14878
33. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules, and decided that no procedural compensation shall be
awarded in these proceedings.
34. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
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REF. FPSD-14878
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Konan Norbert Ahuie, is partially accepted.
2.
The Respondent, Shabab Al Jabal, must pay to the Claimant the following amount(s):
- USD 271.43 as outstanding remuneration plus 5% interest p.a. as from 1 December
2023 until the date of effective payment;
- USD 571.43 as outstanding remuneration plus 5% interest p.a. as from 1 January 2024
until the date of effective payment;
- USD 571.43 as outstanding remuneration plus 5% interest p.a. as from 1 February 2024
until the date of effective payment;
- USD 571.43 as outstanding remuneration plus 5% interest p.a. as from 1 March 2024
until the date of effective payment;
- USD 571.43 as outstanding remuneration plus 5% interest p.a. as from 1 April 2024 until
the date of effective payment;
- USD 571.43 as outstanding remuneration plus 5% interest p.a. as from 1 May 2024 until
the date of effective payment;
- USD 571.42 as outstanding remuneration plus 5% interest p.a. as from 1 June 2024 until
the date of effective payment;
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.
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REF. FPSD-14878
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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REF. FPSD-14878
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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