Labour Disputes
Texto da decisão
REF. FPSD-16633
Decision of the
Dispute Resolution Chamber
passed on 15 May 2025
regarding an employment-related dispute concerning
the player Richmond Boakye-Yiadom
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Stijn BOEYKENS (Belgium), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Richmond Boakye-Yiadom, Ghana
Represented by Melanie Schärer
RESPONDENT:
Abahani Limited, Dhaka, Bangladesh
pg. 2
REF. FPSD-16633
I. Facts of the case
1.
On 18 July 2024, the Ghanaian player, Richmond Boakye-Yiadom (hereinafter: the Player or
the Claimant), and the Bangladeshi club, Abahani Limited, Dhaka (hereinafter: the Club or
the Respondent), entered into an employment contract (hereinafter: the Contract).
2.
The duration of the Contract was stipulated in clause 1 of the Contract, as follows:
“1. Duration of Contract:
a. The Player shall become a member of the Club for the 2024-2025 season.
b. The contractual period will be for 09 (Nine) months which will commence upon the
Football Player's arrival in Dhaka (tentative date is 15th August, 2024), successful
completion of the medical examination, and readiness to participate, and shall remain
in effect until the conclusion of the 2024-2025 football season (likely completion date is
15th May, 2025)
c. In the event that the football season extends beyond the original contract period, the
Club reserves the right to extend the duration of the contract, while maintaining the same
salary terms, until the conclusion of the season.”
3.
Clause 3 of the Contract established the Player’s remuneration:
“3. Compensation Package:
a. In acknowledgment of the Football Player's commitment to providing services to the
Club to the utmost satisfaction, the Club agrees to remunerate the Football Player with
a monthly salary of $14,000 (USD Fourteen Thousand) for the entire duration of his
tenure with the Club. The Football Player will be entitled to salary from the day of his
arrival in Bangladesh.
b. For the broken month, salary will be calculated only for the days which have been
covered. For example: The Football Player has stayed 15 days of the month, not 30 days.
In this regard, the player will be paid for those 15 days of the month which is $5,000 if
his actual monthly salary is $10,000.
c. The Club will provide a daily food allowance to the Football Player, amounting to BDT
1,000 per day.
d. The club will disburse the Football Player’s monthly salary by the 7th day of each
month for the preceding month. For example, the salary for the month of November will
be paid on the 7th of December, and so forth.
pg. 3
REF. FPSD-16633
e. Included in the compensation package, the Club will provide the Football Player with
furnished accommodation. Additionally, the Club will cover monthly utility expenses up
to a maximum of BDT 12,000 (Twelve Thousand Taka) per month for the Football Player.
Any charges exceeding this limit will be the responsibility of the Football Player.
f. The Club is responsible for providing the Football Player with a Business Class roundtrip air ticket. Besides, The Club will also provide the Football Player’s Brother with an
Economy Class round- trip air ticket.
g. Throughout the Football Player’s association with the Club in Bangladesh, the Club will
ensure access to medical facilities.
h. The Club agrees to pay the Agent's commission amounting to $12,000 (USD Twelve
Thousand), where $7,000 (USD Seven Thousand) will be disbursed by 1st week of
September 2024 after the player joins the team in Bangladesh and the remaining $5,000
(USD Five Thousand) will be disbursed in the 1st week of February 2025.”
4.
In clause 4 of the Contract, the parties agreed upon the following:
“4. Termination:
a. Either party reserves the right to terminate this Agreement upon providing written
notice to the other party in the event of a material breach of the terms and conditions
delineated herein.
b. Termination may also transpire under circumstances such as medical reasons or
other unforeseen events, subject to mutual agreement between both parties.”
5.
On 19 July 2024, the Player and a contact saved as “Kova Tilavpur”, who, according to the
Player, was the Club’s agent (hereinafter: Kova Tilavpur), had, inter alia, the following
conversation (quoted verbatim):
“(…) [19/07/2024, 5:37:57 PM] Kova Tilavpur: For processing the visa, we need the copy
of the passports of both Richmond and his brother.
Also we need to know where he will apply for visa. We will then send the necessary
invitations for him and his brother.
I hope, they will fly from capital of Ghana to Dhaka.
[19/07/2024, 5:38:18 PM] Player: Do the have jersey number 14
[19/07/2024, 5:38:29 PM] Player: We need visa to Bangladesh?
pg. 4
REF. FPSD-16633
[19/07/2024, 5:38:32 PM] Kova Tilavpur: About what bro ?
[19/07/2024, 5:38:56 PM] Kova Tilavpur: I think in embassy or in airport Bangladesh
[19/07/2024, 5:39:00 PM] Kova Tilavpur: Club work for this
[19/07/2024, 5:39:06 PM] Player: I'm sending
[19/07/2024, 5:39:11 PM] Kova Tilavpur: Send copy Pasport you brother
[19/07/2024, 5:40:02 PM] Player:
[19/07/2024, 5:40:02 PM] Player:
[19/07/2024, 5:47:45 PM] Kova Tilavpur: He needs one year multiple entry visa. It can't
be given on arrival
[19/07/2024, 5:47:45 PM] Kova Tilavpur: Please ask him which nearest country he
prefers.
We will notify that embassy accordingly
[19/07/2024, 5:47:53 PM] Kova Tilavpur: For all pay club don't worry
[19/07/2024, 5:48:14 PM] Player: Accra capital
[19/07/2024, 5:48:20 PM] Kova Tilavpur: For you need 1 year visa multiple because club
go pre season
[19/07/2024, 5:48:32 PM] Kova Tilavpur: Unfortunately no embassy in Accra.
We have embassy in Abuja.
[19/07/2024, 5:49:41 PM] Player: Abuja aww okay
[19/07/2024, 5:49:40 PM] Kova Tilavpur: And have game international
[19/07/2024, 5:49:47 PM] Kova Tilavpur: Ok I ask
[19/07/2024, 5:50:37 PM] Kova Tilavpur: Please ask him which nearest country he
prefers.
pg. 5
REF. FPSD-16633
We will notify that embassy accordingly
[19/07/2024, 5:50:51 PM] Kova Tilavpur: Have better country for you go for visa ?
[19/07/2024, 5:51:09 PM] Player: Nigeria ABUJA
[19/07/2024, 5:51:16 PM] Kova Tilavpur: Ok I ask brother
[19/07/2024, 5:52:53 PM] Kova Tilavpur: Club start work for visa
[19/07/2024, 5:53:30 PM] Player: AWW OKAY (…)”
6.
On 5 August 2024, the Club’s office was the target of a vandalism attack.
7.
Between 10 August 2024 and 17 August 2024, the Player and Kova Tilavpur had the
following conversations (quoted verbatim):
“(…)
[10/08/2024, 3:13:38 PM] Kova Tilavpur: Bro you see news about Bangladesh ?
[10/08/2024, 3:14:19 PM] Kova Tilavpur:
[10/08/2024, 3:14:31 PM] Kova Tilavpur: What we work ?
[10/08/2024, 3:14:38 PM] Kova Tilavpur: We wait or wrote FIFA ?
[10/08/2024, 3:14:44 PM] Kova Tilavpur: What do you think ?
[10/08/2024, 3:15:14 PM] Player: What he say
[10/08/2024, 3:15:29 PM] Kova Tilavpur: This message
[10/08/2024, 3:15:41 PM] Kova Tilavpur: I ask he call you
[10/08/2024, 3:16:59 PM] Player: U are the agent so for this situation they should
compensate the player ?
[10/08/2024, 3:17:20 PM] Kova Tilavpur: We check situation bro
pg. 6
REF. FPSD-16633
[10/08/2024, 3:17:33 PM] Kova Tilavpur: If war have you go ?
[10/08/2024, 3:17:38 PM] Kova Tilavpur: I don't want this
[10/08/2024, 3:18:31 PM] Player: I don't understand
[10/08/2024, 3:18:38 PM] Player: U don't want what bro ?
[10/08/2024, 3:19:04 PM] Kova Tilavpur: If have problem this in country
[10/08/2024, 3:19:12 PM] Kova Tilavpur: Check news bro
[10/08/2024, 3:19:22 PM] Player: Let them send official letter signed for this?
[10/08/2024, 3:19:29 PM] Player: And send to my email
[10/08/2024, 3:19:45 PM] Kova Tilavpur: Wait I ask club send for you
[10/08/2024, 3:19:52 PM] Kova Tilavpur: We check situation
[10/08/2024, 3:20:06 PM] Player: Okay thanks
[10/08/2024, 3:20:53 PM] Player: Let them send so we will start looking for something
because season has started
[10/08/2024, 3:21:15 PM] Kova Tilavpur: Ok I'm tray all best for us brother
[10/08/2024, 3:21:33 PM] Kova Tilavpur: If Bangladesh league don't start we need ask
pay 2-3 month salary ! ! !
[10/08/2024, 3:21:58 PM] Player: Yes bro that's right I trust you bro
[10/08/2024, 3:22:08 PM] Kova Tilavpur: Because we sign and don't check another club
[10/08/2024, 3:22:13 PM] Player: I ignored all clubs for this
[10/08/2024, 3:22:22 PM] Kova Tilavpur: Yes
[10/08/2024, 3:22:38 PM] Kova Tilavpur: If director call you ask situation
[10/08/2024, 3:22:52 PM] Kova Tilavpur: I'm speak today and check best option
pg. 7
REF. FPSD-16633
[10/08/2024, 3:23:29 PM] Player: Yes bro I leave to y and let them put in Letter that we
sorry Boakye for the situation but we will try and pay u some salaries abd they sign and
I also sign
[10/08/2024, 3:23:38 PM] Player: Start looking for new club for us bro
[10/08/2024, 3:23:49 PM] Kova Tilavpur: Yes sure
[10/08/2024, 3:24:03 PM] Kova Tilavpur: Ok I'm starting bro
[10/08/2024, 3:24:44 PM] Player: Great I believe u
[10/08/2024, 3:25:00 PM] Player: Please let them do it quick so we can be open for other
teams
[10/08/2024, 3:25:11 PM] Player: But try ur best so the give good compensation
[10/08/2024, 3:26:10 PM] Kova Tilavpur: Ok
[10/08/2024, 3:26:27 PM] Player: I know what u can do Kova
[11/08/2024, 7:19:19 PM] Player: Evening Wasup
[11/08/2024, 9:06:36 PM] Player: ???
[12/08/2024, 7:58:41 AM] Player: Morning
[12/08/2024, 7:59:06 AM] Kova Tilavpur: Hi brother
[12/08/2024, 7:59:08 AM] Kova Tilavpur: How are your
[12/08/2024, 7:59:19 AM] Kova Tilavpur: I ask club about compression
[12/08/2024, 7:59:26 AM] Kova Tilavpur: I'm wait
[12/08/2024, 7:59:29 AM] Kova Tilavpur: News
[12/08/2024, 7:59:34 AM] Player: Good bro thanks
[12/08/2024, 7:59:42AM] Kova Tilavpur: I work for another club
[12/08/2024, 7:59:50 AM] Player: I know u are bro
pg. 8
REF. FPSD-16633
[12/08/2024, 8:00:28 AM] Player: But they have to send me the official letter in my email
and the compensation also written with it
[12/08/2024, 8:00:42 AM] Kova Tilavpur: Ok brother
[12/08/2024, 8:01:18 AM] Player: I never accepted any offer because of them bro
[12/08/2024, 8:02:57 AM] Player: The letter the sent to u they should send to me and sign
their part saying they are no more in contract with me and compensate me with this
amount and sorry for the inconvenience and we finish their chapter and get new club
time is going bro
[12/08/2024, 8:03:29 AM] Kova Tilavpur: Ok bro
[12/08/2024, 8:04:12 AM] Player: U do everything good so show me now that u want the
best for me as an agent bro
[12/08/2024, 8:57:14 AM] Player: U have this in ur email Kova ?
[12/08/2024, 10:10:03 AM] Player: ? Can u foward to Me
[12/08/2024, 10:14:29 AM] Kova Tilavpur: Yes bro
[12/08/2024, 10:14:52 AM] Player: Waiting any news bro for me
[12/08/2024, 10:14:53 AM] Kova Tilavpur:
[12/08/2024, 10:15:13 AM] Kova Tilavpur: Wrote me email
[12/08/2024, 10:15:25 AM] Player: [email protected]
[12/08/2024, 10:16:17 AM] Player: Thanks what are the saying Kova ?
[12/08/2024, 10:16:28 AM] Kova Tilavpur: I'm wait bro
[12/08/2024, 10:16:31 AM] Kova Tilavpur: Don't answer
[12/08/2024, 10:17:40 AM] Player: If they don't we go to fifa bro
[12/08/2024 10:17:58 AM] Player: Because it's right for them to compensate bro
pg. 9
REF. FPSD-16633
[12/08/2024, 2:01:53 PM] Player: ,??????
[12/08/2024, 3:44:29 PM] Player: U don't speak or sneer anymore bro
[12/08/2024, 3:44:57 PM] Kova Tilavpur: Sorry bro
[12/08/2024, 3:44:59 PM] Kova Tilavpur: Come home
[12/08/2024, 3:45:07 PM] Kova Tilavpur: I ask about compensation
[12/08/2024, 3:45:08 PM] Player: Busy man eh
[12/08/2024, 3:45:14 PM] Player: And?
[12/08/2024, 3:45:22 PM] Kova Tilavpur: I'm wait answer Brother
[12/08/2024, 3:45:26 PM] Kova Tilavpur: He don't answer
[12/08/2024, 3:45:29 PM] Player: Aww okay
[12/08/2024, 3:45:33 PM] Player: Hope family is good
[12/08/2024, 3:45:40 PM] Kova Tilavpur: I send messages we have contract
[12/08/2024, 3:45:42 PM] Player: And new club Wasup ?
(…)
[13/08/2024, 3:04:36 PM] Player: Now no answer I wait till tomorrow if no answer I give
the contact and letter to lawyer and go fifa if no reply ... and u too no answer to me bro
[13/08/2024, 3:13:29 PM] Kova Tilavpur: Hi brother
[13/08/2024, 3:13:41 PM] Kova Tilavpur: He club say tomorrow we discuss about contract
(…)
[15/08/2024, 1:56:14 PM] Player: U been serious ignoring my messages bro
[15/08/2024, 1:56:43 PM] Kova Tilavpur: Hi brother
[15/08/2024, 1:56:46 PM] Kova Tilavpur: How are you
[15/08/2024, 1:56:51 PM] Kova Tilavpur: I send messages club
pg. 10
REF. FPSD-16633
[15/08/2024, 1:57:00 PM] Kova Tilavpur: Internet don't have in Bangladesh I think
[15/08/2024, 1:57:05 PM] Kova Tilavpur: Don't answer me bro
[15/08/2024, 1:57:19 PM] Kova Tilavpur: If this week don't answer I wrote fifa
[15/08/2024, 1:57:31 PM] Kova Tilavpur: Yesterday I go flight my home
[15/08/2024, 1:57:36 PM] Kova Tilavpur: Internet don't work
[15/08/2024, 1:57:40 PM] Player: Okay no problem
[15/08/2024, 1:57:54 PM] Player: Internet work director watch my video I post
[15/08/2024, 1:57:59 PM] Kova Tilavpur: I send official letter for club about compression
[15/08/2024, 1:58:21 PM] Kova Tilavpur: I send official letter tomorrow
[15/08/2024, 1:58:23 PM] Player: If they don't I will let them receive letter from lawyer
[15/08/2024, 1:58:37 PM] Kova Tilavpur: Yes sure
[15/08/2024, 1:58:40 PM] Kova Tilavpur: Don't worry bro
[15/08/2024, 1:58:43 PM] Kova Tilavpur: I'm for you
[15/08/2024, 1:58:48 PM] Kova Tilavpur: Not club
(…)
[17/08/2024, 7:35:20 PM] Player: Since u don't wanna talk or say anything I want
message again and I will send the club letter from my lawyer thanks for all man
[17/08/2024, 7:37:36 PM] Player: U are a good person but I realize u only wanted only
the deal and since it's this way you are not talking nice knowing u ...”
8.
On 13 August 2024, Mr. Salman F. Rahman, who, according to the Club, was the Club’s
chairman, was arrested.
9.
On 19 August 2024, the Club sent the following letter to the Player:
“Dear Mr. Richmond,
pg. 11
REF. FPSD-16633
We are writing in relation to the agreement dated July 18, 2024, between Abahani Limited
(the Club) and yourself, regarding your participation as a football player for the 20242025 season in Bangladesh (the "Football Player Agreement").
As you are aware, Bangladesh is currently experiencing significant political unrest,
leading to widespread disruptions in various sectors, including sports and
entertainment. These unexpected developments have severely affected the operations of
our club, Abahani Limited. The Board of Directors has been significantly impacted,
creating uncertainty about the club's funding and overall financial stability. Given that
these events are beyond our control, we find ourselves unable to fulfill our obligations
under the Agreement.
In light of the ongoing political crisis in Bangladesh, which we believe constitutes a force
majeure event under FIFA regulations and Clause 4(b) of our Agreement, we regret to
inform you that we have to terminate the Football Player Agreement. The conditions set
forth in Clause 1(b) for the contract to come into effect—namely your arrival in Dhaka,
the successful completion of a medical examination, and your readiness to participate—
have not yet been met. Therefore, we are exercising our right to terminate the Agreement
without further obligations or liabilities.
We deeply regret the necessity of this decision and fully acknowledge the impact it may
have on your professional plans. We want to emphasize that this decision does not
diminish our desire to maintain a positive relationship with you in the future. After
thoroughly evaluating all available options, we have concluded that this course of action
is the most feasible for Abahani Limited given the extraordinary and unforeseen
circumstances currently affecting the club.
We thank you for your understanding and wish you all the best in your future endeavors.
(…)”
10. On 26 August 2024, the Club made a post on its official page in Instagram, presenting its
squad.
11. On 19 September 2024, the newspaper Dhaka Tribune reported on its official website that
the Club appointed a new head coach.
12. On 2 October 2024, the Player replied to the Club’s letter as follows:
“Dear Sirs,
We are writing to you as the legal representative of Mr Boakye-Yiadom Richmond. Please
find attached power of attorney.
pg. 12
REF. FPSD-16633
As you know, Mr Richmond signed an employment contract with your club on 18 July
2024 for the 2024-2025 season.
Our client informed us that, instead of receiving a flight ticket to join your club as agreed
and expected, on 19 August 2024, you unilaterally terminated the contract. This decision
appears to have been prompted by the ‘ongoing political crisis in Bangladesh’.
We acknowledge that your club’s offices were reportedly targeted by an act of vandalism
and looting carried out by a group of 50 to 100 individuals on motorcycles. We
understand that this was a distressing incident and caused significant damage, and we
deeply regret that such an event occurred.
Additionally, we note that on 26 August 2024, your club publicly introduced the new team
for the upcoming season via your official Instagram account. Furthermore, it has come
to our attention that Mr Maruful Haque, a highly qualified coach with both a UEFA A
license and AFC Pro-Diploma, has recently been appointed as head coach of Abahani
Limited for the current season, which is set to commence shortly.
In light of the above, contrary to any claims of a ‘political crisis’, the club's activities
continue uninterrupted. In fact, all signs indicate that the 2024/2025 Bangladesh
Premier League will start on 18 October 2024, with 10 clubs participating - Abahani
Limited among them.
Furthermore, the 2024/2025 Federation Cup (Bangladesh) is set to take place from 15
October 2024 to May 2025.
Therefore, we find no valid justification for the premature termination of our client’s
employment contract. Even if there were a political crisis, which we dispute, it would not
provide sufficient grounds for the contract’s termination.
We kindly request that you reconsider your decision and proceed with sending our client
his flight ticket, allowing him to join the team for preseason training.
We expect your response by the end of this week. Should our client not receive the flight
ticket and a confirmation of your intention to honour the employment contract by
Monday, 7 October 2024, we will be forced to assume that you no longer wish to engage
our client’s services and will proceed with the necessary legal measures to protect his
rights.”
13. On 10 January 2025, the Player concluded a contract with the Bosnian club, FK Sloga Doboj
(hereinafter: Sloga Doboj), valid as from 10 January 2025 until 31 May 2025. According to
this contract, the Player was entitled to a monthly salary of EUR 7,000 and a sign-on fee of
EUR 3,500.
pg. 13
REF. FPSD-16633
II. Proceedings before FIFA
14. On 16 October 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Claimant
15. The Claimant argued that the Club terminated the Contract without just cause and must
pay compensation. In this regard, the Player stated that on 18 July 2024 the parties
concluded the Contract, which was valid for the 2024-2025 season, i.e., for nine months.
According to the Player, pursuant to the Contract he was entitled to a monthly salary of
USD 14,000, a daily food allowance of BDT 1,000, a monthly accommodation allowance of
BDT 12,000, a business class round-trip flight ticket for himself and an economy class
round-trip flight ticket for his brother.
16. The Player argued that after signing the Contract, the parties agreed that the Club would
provide him with a flight ticket. Therefore, on 19 July 2024, Kova Tilavpur, who, according
to the Player, was the Club’s agent, requested a copy of his passport to proceed with the
visa application. Furthermore, the Player alleged that on 24 July 2024 and 25 July 2024, the
parties completed all the necessary documents for his registration.
17. Notwithstanding the above, the Player asserted that on 10 August 2024, Kova Tilavpur
informed him the Club’s intention to back out of the Contract, citing alleged unrest in the
country. In response, the Player argued that he requested to be compensated. However,
the Player stated that, instead of seeking amicable solution, the Club sent him a unilateral
termination letter on 19 August 2024, claiming that it had to terminate the Contract due to
the ongoing political crisis in Bangladesh and based on the Regulations on the Status and
Transfer of Players (hereinafter: the Regulations) and clause 4.b of the Contract.
Additionally, the Player asserted that the Club mentioned that, since the Player’s
obligations – arriving in Dhaka, passing the medical exams and being ready to participate had not yet been fulfilled, the provisions of the Contract had not taken effect. Thus, the
Player stated that the Club argued that it was exercising its right to terminate the Contract
without incurring any further obligations or liabilities.
18. The Player further argued that both the Club and Kova Tilavpur stopped responding to him
and he noted that the Club presented its squad on 26 August 2024 and signed a new head
coach on 19 September 2024.
19. Based on the above, the Player stated that he sent a notice of default on 2 October 2024,
demanding to be immediately integrated into the team in order to honour the Contract.
Therefore, the Player mentioned that he requested that the Club provide him with the flight
tickets and reconsider its decision. However, the Player highlighted that the Club did not
reply.
pg. 14
REF. FPSD-16633
20. According to the Player, the Club currently has 32 players, and, at the date of the claim, the
first matches of the season were imminent. Hence, the Player assured that the political
crisis was false and that, even if the country were experiencing political unrest, football
activities continued uninterrupted. In any case, the Player stated that even if such a crisis
had halted league operations, it would not justify unilateral termination of the Contract
without consequences.
21. Furthermore, the Player mentioned that it is questionable whether a political crisis would
even qualify as an unforeseen event under the concept of force majeure. However, he
emphasized that clause 4.b of the Contract stipulated that any premature termination
should be mutually agreed upon, which was not the case, although he was open to reaching
an amicable solution.
22. Moreover, the Player clarified that the conditions of clause 4.a had not been satisfied as he
had not breached the Contract in any way, considering that it was the Club’s responsibility
to provide him with a ticket and, therefore, the Club cannot accuse him of failing to arrive
in Dhaka.
23. Additionally, the Player asserted that the termination cannot be considered a measure of
ultima ratio, as it was executed without any prior warning and without attempting to find
an amicable solution.
24. In this context, the Player stated that he is entitled to the residual value of the Contract: (i)
nine monthly salaries of USD 14,000 each, totalling USD 126,000, (ii) a food allowance for
273 days at BDT 1,000 per day, totalling BDT 273,000 (USD 2,299), (iii) and a monthly
accommodation contribution of BDT 12,000 for nine months, amounting to BDT 108,000
(USD 909).
25. The Claimant’s requests for relief were the following:
“Requests for relief
The Respondent shall be ordered to pay the Claimant the following amounts as
compensation for breach of contract, along with 5% annual interest, calculated from one
day after the termination of the employment relationship, i.e., from 20 August 2024, until
the date of full payment:
• USD 126,000 (one hundred twenty-six thousand US dollars) as residual salary;
• USD 2,299 (two thousand two hundred ninety-nine US dollars) for the food allowance;
• USD 909 (nine hundred nine US dollars) for the accommodation allowance.”
pg. 15
REF. FPSD-16633
b. Position of the Respondent
26. In its reply, the Club first stated that it aimed to build a strong football team with a mix of
local and foreign players for the 2024-2025 season and, therefore, it signed the Contract
with the Player on 18 July 2024. In this respect, the Club argued that the Player was
considered as an important member of the team, and the Club proceeded with the
necessary visa-related procedures.
27. However, the Club argued that the former prime minister of Bangladesh, Sheikh Hasina,
was the Club’s main patron and that Mr. Salman F. Rahman, who also served as an adviser
of the former prime minister, was the Club’s chairman. Additionally, the Club mentioned
that the acting director in charge of the Club was a member of the parliament.
28. According to the Club, on 5 August 2024, after the fall of Bangladesh’s government, the
Club was attacked due to political unrest. In this sense, the Club stated that its office was
vandalized and looted, and the Club was set on fire. Furthermore, the Club alleged that its
main sponsor, its chairman, its acting director-in-charge and various officials were arrested
or left the country due to security concerns.
29. The Club explained that, as a result, the Club’s financial and overall condition collapsed,
and it was unable to withdraw or transfer any funds. According to the Club, it would not be
able to participate in the highest league of the country.
30. Based on the above, the Club stated that it decided to form a team composed of local
players on a very limited budget, solely to avoid relegation. The Club argued that the local
players agreed to remain with the Club with minimal wages and the Club suspended the
contracts of all foreign players, invoking force majeure, as these salaries were higher.
31. The Club further argued that, as a result of this political unrest, the Bangladesh Football
Federation (BFF) had to change its calendar, and the competition, instead of starting in
September, would start on 29 November 2024.
32. The Club remarked that the Player was entitled to receive his salary from the day of his
arrival, and that the Club was supposed to cover a monthly utility bill up to a maximum
BDT 12,000. In this sense, the Club pointed out that the Club did not guarantee the Player
BDT 12,000 but rather committed to bearing utility costs up to that amount per month.
33. Lastly, the Club insisted that it terminated the Contract due to force majeure and that the
circumstances compelled the Club to terminate the Contract. Nonetheless, the Club
mentioned that imposing any form of punishment on the Club, given its current financial
situation, could result in disastrous consequences and may ultimately lead to its closure.
pg. 16
REF. FPSD-16633
34. The Respondent’s requests for relief were the following, quoted verbatim:
“Therefore, without imposing any kind of punishment on Abahani Limited, you are
specially requested to help in playing a better role in the future in the football arena.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
35. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analyzed
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 16 October 2024 and submitted for decision
on 15 May 2025. Taking into account the wording of arts. 31 and 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.
36. 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 (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 Ghanaian player and a Bangladeshi club.
37. Subsequently, the Chamber analyzed 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, the January 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
38. 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
39. 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 emphasized that in the following considerations it will refer only to
pg. 17
REF. FPSD-16633
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
40. The Chamber then moved to the substance of the matter, noting that it concerned a claim
of a player against a club for compensation for breach of contract.
41. In this regard, the Chamber noted that the Player asserted that the Club terminated the
Contract without just cause, citing an alleged political unrest in Bangladesh that was false.
In any event, the Player argued that it is questionable whether this political unrest could be
considered a force majeure event and, even so, the Contract stipulated that in such a
scenario, the parties had to mutually agree to terminate the Contract.
42. The Chamber also noted that the Club argued that it terminated the Contract due to force
majeure, related to the political unrest in Bangladesh. Nonetheless, as this was force
majeure measure, the Club requested not to be condemned.
43. In this context, the Chamber acknowledged that its task was to determine whether the Club
had a just cause to terminate the Contract and its consequences.
A. Did the Club have just cause to terminate the Contract?
44. The Chamber noted that it is undisputed that the parties signed the Contract on 18 July
2024 and that the Club terminated it on 19 August 2024 by means of the termination letter
it sent to the Player.
45. The Chamber also recalled that while the Player argued that this termination was without
just cause, the Club claimed that it was due to force majeure, citing the political unrest in
Bangladesh.
46. In order to assess the termination issue, the Chamber first deemed it necessary to address
the Contract’s duration. The Chamber observed that it was established that the contractual
period of nine months would commence upon the Player’s arrival in Dhaka, successful
completion of the medical examination, and readiness to participate, with a tentative start
date of 15 August 2024.
47. Although art. 18 par. 4 of the Regulations states that the validity of the contract may not be
made subject to a successful medical examination and/or the grant of a work permit, the
Chamber did consider that the parties established the start date as the date of the Player’s
arrival in Dhaka. However, the Chamber observed that this did not happen, as there is no
evidence that the Club provided the Player with flight tickets, and on 19 August 2024, it
terminated the Contract.
pg. 18
REF. FPSD-16633
48. Notwithstanding, the Chamber was of the opinion that the Player could not be held
responsible for the Club’s failure to provide the Player with the flight tickets and there is no
evidence demonstrating that they were actually provided. According to the Chamber, this
line of reasoning was also consistent with the Club terminating the Contract: had the Club
considered that the Contract was not valid and binding at that time, it would not have
terminated it.
49. Hence, the Chamber determined that the Contract was valid as from the tentative date of
15 August 2024, as this was the date the parties intended for the contractual period to
start, for a duration of nine months.
50. Then, the Chamber moved on to analyse whether the Club had just cause to terminate the
Contract. In this regard, the Chamber recalled that, in accordance with the jurisprudence
of the Football Tribunal, a premature unilateral termination of the Contract may only be an
ultima ratio measure.
51. In this case, the Chamber noted that the Club did not argue that the Player had breached
the Contract but instead claimed that the political crisis in Bangladesh and its impact on
the Club constituted a force majeure event and, therefore, the Club had to terminate the
Contract without incurring any liabilities. Additionally, the Chamber observed that the Club
stated that, since the conditions of clause 1.b of the Contract had not been fulfilled, it could
exercise its right without any further obligations or liabilities.
52. The Chamber also noted at this point that clause 4.b of the Contract already governed the
possibility of a termination due to a force majeure event as follows:
“b. Termination may also transpire under circumstances such as medical reasons or
other unforeseen events, subject to mutual agreement between both parties.”
53. Bearing the above framework in mind, the DRC noted that the Club had the burden to
prove that force majeure existed; that is, an unforeseen, extraordinary, and exceptional
circumstance, beyond the parties’ control, which justified the early termination of their
contractual relationship unilaterally. Nonetheless, the Chamber considered that the Club’s
burden was even higher in this case, since the parties had already anticipated the
possibility of a force majeure event in the Contract, which still required a mutual agreement.
Therefore, the Club was required not only to prove the legal elements of force majeure, but
also to demonstrate that it had made a reasonable attempt to reach a mutual agreement
with the Player.
54. Nevertheless, the DRC concluded that the Club’s position could not succeed in the above.
55. Although the Chamber accepted the evidence provided by the Club that it faced
extraordinary circumstances caused by the political scenario in Bangladesh, the Chamber
considered that the Club did not prove that it was legally entitled to terminate the Contract.
pg. 19
REF. FPSD-16633
56. In particular, the Chamber considered that the Club only limited itself to providing sufficient
evidence demonstrating that the Club’s office was vandalized and that the Club’s trophies
were taken away but failed to provide further evidence demonstrating the connection
between this situation and the termination.
57. Additionally, the Chamber noted that the Club provided evidence demonstrating that Mr.
Salman F. Rhaman, the alleged Club’s chairman, was arrested, but failed to actually prove
that he was the Club’s chairman. Furthermore, the Club allegedly provided a letter of a
bank proving that the Club was unable to withdraw or transfer money, but the Chamber
pointed out that this letter does not mention the Club at all. However, the Chamber
stressed that even if it were to consider that the Club’s account was included in the
restrictions imposed by these instructions, the letter was dated 4 September 2024,
meaning these restrictions were applied after the termination of the Contract. Therefore,
in the Chamber’s view, the Club failed to prove that, at the time of the termination, its
accounts were frozen and cannot rely on a subsequent event to justify a termination that
had already taken place.
58. Most importantly, however, the Chamber wished to point out that, even if this scenario
were to qualify as a force majeure situation (ad argumentandum tantum), it was not
convinced that the Club had discharged it burden of proving that it acted to protect
contractual stability.
59. In this case, the Chamber noted that, based on the WhatsApp messages the Player
provided as evidence, he was open to reaching a termination agreement, as long as he was
compensated. However, the Chamber highlighted that there is no evidence that the Club
intended to reach a mutual agreement with the Player to terminate the Contract and,
based on the evidence on file, the first communication sent to him was the termination.
60. The Chamber emphasized that, in this kind of situation, it is expected that the Club, as the
allegedly affected party and the one interested in modifying the pre-established terms due
to unforeseen circumstances, should attempt to mitigate the situation and exercise proper
diligence in handling the matter in the best interest of all parties involved. Nonetheless, the
Chamber remarked that the Club, without any prior notice or further communication,
unilaterally terminated the Contract without even compensating the Player.
61. Hence, the Chamber concluded that the Club's decision to terminate the Contract on 19
August 2024 could not be considered as an ultima ratio measure, even when taking into
account the additional information provided in this case.
62. Based on all the above, the Chamber determined that the termination by the Club was
without just cause.
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REF. FPSD-16633
B. Consequences
63. 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.
64. Considering that the Club terminated the Contract on 19 August 2024, the Chamber
observed that there were no outstanding salaries. Thus, the Chamber decided not to award
any outstanding salaries to the Player.
65. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Chamber
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, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
66. 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 Contract.
67. 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 a player by a club shall be
equal to the residual value of the contract that was prematurely terminated, unless the
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i) of the Regulations).
68. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Claimant under the terms of the Contract
from the date of its unilateral termination until its end date.
69. In this regard, the Chamber noted that the Contract had a tentative start date of 15 August
2024, was terminated on 19 August 2024 and stated that it would have been valid for nine
months, being the expected end date on 15 May 2025. Therefore, the Chamber determined
that the Player was entitled to nine monthly salaries of USD 14,000 each, totalling USD
126,000.
70. Additionally, the Chamber noted that the Player argued that he was entitled to BDT 1,000
per day as daily food allowance. In this regard, the Chamber observed that, between 15
August 2024 and 15 May 2025, there are 274 days. Therefore, the Chamber noted that the
pg. 21
REF. FPSD-16633
Player would have been entitled to BDT 274,000 had the Contract not been terminated. In
this case, the Chamber interpreted that this amount formed part of the Player’s
remuneration, as it was clearly quantified and guaranteed, regardless of the amount spent
by the Player. Additionally, although the Player requested this amount in USD, the Chamber
considered that the parties clearly established that it would be paid in BDT, so it decided
that any amount granted for this allowance should be awarded in BDT.
71. Moreover, the Chamber recalled that the Club undertook to cover the Player’s utility
expenses up to a maximum of BDT 12,000 per month. In this case, the Chamber was of the
opinion that, although this amount would be covered by the Club, it did not constitute a
monthly payment of BDT 12,000 to the Player. Rather, the Club committed to covering
actual expenses, capped at that amount. This means that if the expenses were lower, the
Club would only cover the actual amount spent. Therefore, in the Chamber’s view, the BDT
12,000 shall not be considered as part of the Player’s remuneration, as he was not actually
entitled to a fixed amount, and it is not possible to determine what the Club would have
actually paid had the Contract not been terminated.
72. Hence, the Chamber determined that the amount USD 126,000 plus BDT 274,000 serves
as the basis for the determination of the amount of compensation for breach of contract.
73. In continuation, the Chamber verified as to whether the Claimant 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.
74. In this regard, the Chamber noted that the Player signed a new contract with Sloga Doboj,
valid as from 10 January 2025 until 31 May 2025, under which he was paid a monthly salary
of EUR 7,000 and a signing fee of EUR 3,500. In this regard, the Chamber considered that,
during the overlapping period of the Contract, the Player, for his new contract, was entitled
to EUR 3,500 as signing fee, EUR 4,741.94 as the prorated amount for January 2025 (21
days), EUR 7,000 for February, March and April 2025, and EUR 3,500 for half a month in
May 2025.
75. Thus, the Chamber concluded that the Player mitigated his damages by EUR 32,741.94,
which, at the date of signing the contract, was equivalent to USD 33,736.60.
76. Considering the above-mentioned, the Chamber concluded that the mitigated
compensation amounts to USD 92,263.40 plus BTD 274,000.
77. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
pg. 22
REF. FPSD-16633
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the contract
termination did not take place due to said reason, i.e., overdue payables by the
Respondent, and therefore decided that the Claimant shall not receive additional
compensation.
78. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Respondent must pay the Claimant USD
92,263.40 plus BTD 274,000, which was to be considered a reasonable and justified amount
of compensation for breach of contract in the present matter.
79. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Claimant interest
on said compensation at the rate of 5% p.a. as of the day after the termination, i.e., 20
August 2024, as requested by the Player, until the date of effective payment.
ii. Compliance with monetary decisions
80. 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.
81. 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.
82. 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.
83. 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.
84. 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.
pg. 23
REF. FPSD-16633
d. Costs
85. 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.
86. 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.
87. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 24
REF. FPSD-16633
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Richmond Boakye-Yiadom, is partially accepted.
2.
The Respondent, Abahani Limited, Dhaka, must pay to the Claimant the following amounts:
- USD 92,263.40 as compensation for breach of contract plus 5% interest p.a. as from 20
August 2024 until the date of effective payment;
- BDT 274,000 as compensation for breach of contract plus 5% interest p.a. as from 20
August 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.
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
pg. 25
REF. FPSD-16633
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 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., art. 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
pg. 26