Labour Disputes
Texto da decisão
REF. FPSD-15308
Decision of the
Dispute Resolution Chamber
passed on 02 October 2024
regarding an employment-related dispute concerning the player Aniagyei
Stanley Ampaw
BY:
Calum BEATTIE (Scotland)
CLAIMANT:
Aniagyei Stanley Ampaw, Ghana
RESPONDENT:
El Gouafel Sport De Gafsa, Tunisia
pg. 2
REF. FPSD-15308
I. Facts of the case
1.
On 30 January 2024, the player Aniagyei Stanley Ampaw from Ghana (hereinafter: the Player
or the Claimant) and the club El Gouafel Sport De Gafsa from Tunisia concluded an
employment contract valid as from the date of signature until 30 June 2025 (hereinafter:
the contract).
2.
According to the contract, the Respondent undertook to pay the Claimant:
Season 2023/2024
-
A monthly salary of TND 1,000 payable at the end of each month.
-
“Une prime de rendement arrêtée à la somme Cinq mille dinars tunisien (5.000 Dt)
payable en trois tranches en cas de participation.”
Freely translated to English: “ A performance bonus of five thousand Tunisian dinars
(5,000 TD) payable in three instalments in the event of participation.”
Season 2024/2025
-
A monthly salary of TND 1,500 payable at the end of each month.
-
“une prime de rendement arrêtée à la somme Dix mille dinars tunisien (10.000 Dt)
payable en trois tranches en cas de participation.”
Freely translated to English: “a performance bonus of ten thousand Tunisian dinars
(10,000 TD) payable in three instalments in the event of participation.”
3.
According to the contract, the Player was also entitled inter alia to the Club’s equipment,
food and housing, and a flight return ticket Tunes-Ghana.
4.
According to clause 3. 4 of the contract, the Club undertook to carry out all the formalities
required to obtain a residence permit.
5.
On 3 July 2024, the Claimant put the Respondent in default and requested payment of TND
6,925.50: TND 3,000 as outstanding salaries for April, May, and June 2024; 1,000 TND as
the outstanding tied match bonus; TND 940 as the penalty fee for illegal overstay with an
expired visa; and TND 1,985.5 as the cost of the return air ticket to the Player’s country.
The Claimant set a time limit of 15 days in order to remedy the default.
6.
On 20 July 2024, the Claimant sent a termination letter to the Respondent mentioning that
the salaries remained unpaid.
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REF. FPSD-15308
7.
The player confirmed FIFA that he remained unemployed following the termination of the
contract.
II. Proceedings before FIFA
8.
On 20 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
9.
The Claimant lodged a claim against the Respondent requesting outstanding remuneration
and compensation for breach of contract.
10. In his claim, the Player argued that the Respondent failed to pay the following salaries:
“Outstanding salaries for April, May, and June 2024, totalling 3,000 DT and match bonus of
1,000 DT for the match week 6 of the league against Étoile Sportive de Métlaoui dated March 9,
2024”.
11. Moreover, the Claimant mentioned that “On June 29, 2024, the claimant was at the airport
ready to return to his home country. However, due to the lack of a valid residence permit and
irregularities in his visa status, the claimant missed his flight. The club had not provided the
necessary air ticket, forcing the claimant to buy one at his own expense. Consequently, he
incurred a penalty fee of 940 DT for overstaying in Tunisia with an expired visa. He then had to
purchase a new air ticket costing 1,985.5 DT to reschedule his flight for July 4, 2024.”
12. Finally, the Claimant argued that he had just cause to terminate the contract in accordance
with art 14bis of the Regulations on the Status and Transfer of Players and that he is
entitled to compensation.
13. The Claimant requested the following relief:
“1. Declare the claim admissible.
2.Declare preliminary and provisional measures that the player is free from July 19,
2024, to sign with any club of his choice.
3. Order the Respondent to pay the outstanding remuneration plus 5% interest from
the due dates until full payment, totaling 6,925.5 DT:
●3,000 DT as outstanding salaries for April, May, and June 2024 (due April 30,
May 31, and June 30 respectively).
●1,000 DT as the outstanding match bonus (due on March 9,2024).
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●940 DT as the penalty fee for illegal overstay with an expired visa (due on June
29, 2024).
●1,985.5 DT as the cost of the return air ticket to my country (due on July 4,
2024).
4.Order the Respondent to the claimant 980 DT, plus 5% interest from the due dates
until full payment (due on July 20, 2024).
5.Order the Respondent to compensate a sum of 27,080 DT, plus 5% interest per
annum from the date of filing this claim (due on July 20, 2024) until full payment, for
the remaining value of the contract for breach of contract.
6. Order the Respondent to compensate a sum of 4,500 DT, plus 5% interest per
annum from the date of filing this claim (due on July 20, 2024) until full payment, as
additional compensation for the premature termination of the contract due to unpaid
salaries.
7.Request the imposition of appropriate sanctions against the Respondent for breach
of Articles 12bis and 24bis of the FIFA RSTP.”
b. Position of the Respondent
14. The Respondent failed to provide its position to the claim within the limit granted by the
FIFA general secretariat.
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REF. FPSD-15308
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
15. 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 20 July 2024
and submitted for decision on 2 October 2024. Taking into account the wording of art. 34
of the March 2023 edition of the Procedural Rules, the aforementioned edition of the
Procedural Rules is applicable to the matter at hand.
16. Furthermore, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (June 2024
edition), he is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a player from Ghana and a club
from Tunisia.
17. 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 20 July 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
18. 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
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the TMS.
c. Merits of the dispute
19. The 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
it considered pertinent for the assessment of the matter at hand.
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REF. FPSD-15308
i. Main legal discussion and considerations
20. The Single Judge then moved to the substance of the matter and took note that this is a
claim of a player against a club regarding the justice of the early termination of the contract
by the Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent as per the contract, in accordance with art. 14bis of the Regulations.
21. In this context, the Single Judge acknowledged that his task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
22. Equally, the Single Judge observed that the Respondent failed to present its reply to the
claim of the Claimant, and therefore his decision would be made on the basis of the
documentation on file, that is, the argumentation and evidence filed by the Claimant, in
line with article 14 par. 1 of the Procedural Rules.
23. The Single Judge then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the Player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
24. The Single Judge noted that the Claimant claims not having received his remuneration
corresponding to April, May and June 2024. Furthermore, the Single Judge noted that the
Claimant has provided written evidence of having put the Respondent in default on 3 July
2024, i.e. at least 15 days before unilaterally terminating the contract on 20 July 2024.
25. The Single Judge also noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, no evidence was provided.
26. Furthermore, the Single Judge noted that prior to the sending of the default notice on 29
June 2024, the Player was leaving the country. However, there was no indication, that the
Player was leaving without the authorization of the Club.
27. Thus, the Single Judge concluded that the Claimant had a just cause to unilaterally
terminate the contract, based on art. 14bis of the Regulations.
ii. Consequences
28. Having stated the above, the Single Judge turned his attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
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REF. FPSD-15308
29. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to TND 4,500 (i.e.,
from April 2024 to July 2024).
30. As to the match bonuses request (TND 1,000), the Single Judge found that there was no
contractual basis for the match bonuses allegedly due on 9 March 2024 and that the
Claimant has not provided any evidence to support them. Consequently, the Single Judge
rejected the Player's request in this regard.
31. With regard to the reimbursement of the penalty fee for the alleged overstay in Tunisia
(TND 940), the Single Judge noted that from the evidence provided it was not possible to
determine the amount paid and that it was linked to the lack of a residence permit.
Consequently, the Single Judge rejected the Player's request in this regard.
32. In addition, with regard to the flight ticket (TND 1,985.50), the Single Judge found that (ii)
the contract stated that the Player was entitled to a flight ticket; (ii) the Player paid for a
flight ticket in the amount of TND 766 on 4 July 2024; and (iv) no evidence was provided as
to the remaining amount (i.e., TND 1,985.50- TND 766). Consequently, the Single Judge
decided to award the Player TND 766.
33. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the contract at the moment of the termination, i.e. TND
4,500 as salaries and TND 766 as reimbursement of the flight ticket.
34. 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. as follows:
- On the amount of TND 1,000 as from 1 May 2024 until the date of effective payment;
- On the amount of TND 1,000 as from 1 June 2024 until the date of effective payment;
- On the amount of TND 1,000 as from 1 July 2024 until the date of effective payment;
- On the amount of TND 766 as from 5 July 2024 until the date of effective payment;
- On the amount of TND 1,500 as from 20 July 2024 until the date of effective payment.
35. Having stated the above, the Single Judge 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 Single
Judge firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
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REF. FPSD-15308
country concerned, the specificity of sport and further objective criteria, including in
particular, the remuneration and other benefits due to the Player under the existing
contract and/or the new contract, the time remaining on the existing contract up to a
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
36. In application of the relevant provision, the Single Judge 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 Single Judge
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
37. As a consequence, the Single Judge 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. The Single Judge recalled that said provision provides
for a non-exhaustive enumeration of criteria to be taken into consideration when
calculating the amount of compensation payable.
38. Bearing in mind the foregoing as well as the claim of the Player, the Single Judge 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 Single Judge
concluded that the amount of TND 16,500 (i.e. the 11*TND 1,500) serves as the basis for
the determination of the amount of compensation for breach of contract. The Single Judge
also highlighted that he had not considered the amount of TND 15,000 as part of the
residual value as both bonuses were conditional bonuses. In doing so, the Single Judge
recalled that conditional payments or bonuses are generally not taken into account when
calculating compensation for breach of contract, as they depend on future events and are
therefore subjective in nature.
39. In continuation, the Single Judge 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 Football Tribunalas 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.
40. In this respect, the Single Judge noted that the Player remained unemployed since the
unilateral termination of the contract.
41. The Single Judge referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in
case the Player did not sign any new contract following the termination of his previous
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REF. FPSD-15308
contract, as a general rule, the compensation shall be equal to the residual value of the
contract that was prematurely terminated.
42. In this respect, the Single Judge decided to award the Player compensation for breach of
contract in the amount of TND 16,500, as the residual value of the contract.
43. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Single Judge decided to award the Player interest on
said compensation at the rate of 5% p.a. as of 20 July 2024 until the date of effective
payment.
iii. Compliance with monetary decisions
44. 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 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.
45. 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.
46. 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.
47. 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.
48. 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
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49. 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.
50. 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.
51. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
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REF. FPSD-15308
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Aniagyei Stanley Ampaw, is partially accepted.
2.
The Respondent, El Gouafel Sport De Gafsa, must pay to the Claimant the following
amounts:
- TND 1,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2024 until
the date of effective payment;
- TND 1,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2024 until
the date of effective payment;
- TND 1,000 as outstanding remuneration plus 5% interest p.a. as from 1 July 2024 until
the date of effective payment;
- TND 766 as outstanding remuneration plus 5% interest p.a. as from 5 July 2024 until
the date of effective payment;
- TND 1,500 as outstanding remuneration plus 5% interest p.a. as from 20 July 2024 until
the date of effective payment;
- TND 16,500 as compensation for breach of contract plus 5% interest p.a. as from 20
July 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-15308
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
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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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