Labour Disputes
Texto da decisão
REF. FPSD-17348
Decision of the
Dispute Resolution Chamber
passed on 17 February 2025
regarding an employment-related dispute concerning the player Benoit
Junior Onana Eteme
BY:
Tarek BRAUER (Germany)
CLAIMANT:
Benoit Junior Onana Eteme, Cameroon
Represented by Moussavou Lucien
RESPONDENT:
FC PANJSHER, Tajikistan
pg. 2
REF. FPSD-17348
I. Facts of the case
1.
On 1 March 2024, the Cameroonian player, Benoit Junior Onana Eteme (hereinafter: the
Player or the Claimant), and the Tajikistani club, FC Panjsher (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid as from
1 March 2024 until 31 December 2024.
2.
In accordance with clause 5 of the Contract, the Respondent undertook to pay to the
Claimant a monthly salary of TJS 4,000.
3.
In addition, the Contract contained the following clauses:
4.
•
Clause 3.1.2: “The Footballer shall have the rights: […] receive paid annual leave between
the first and second rounds and upon finishing the football season.”
•
Clause 5.3: “Salary does not include taxes and other payments in accordance with the
current legislation of the Republic of Tajikistan.”
•
Clause 6.3: “In case of death of close relatives Footballer at his written request shall be
granted leave without pay for up to five (5) calendar days.”
On 1 July 2024, the Club sent the following letter to the Player (quote verbatim):
“FC Panjsher, J. Balkh district, regarding non-disclosure of mandatory liability for football player
Onana Eteme, born on 11.03.2023, has no objection and agrees to transfer to any other football
club.”
5.
On 11 November 2024, the Player sent a default notice to the Club stating the following:
“[…] You are well aware that my client had entered into a professional player engagement
contract with your club from the period from March 1, 2024 to December 31, 2024. The latter
informed me of the many inconveniences and injustices he suffered within your club.
Indeed, your club failed in its financial obligation by failing to pay the player the sum of:
6,000 TJS (Six Thousand Tajik Somoni) corresponding to the remainder of the salaries for the
months of March and April 2024; out of the initial 8,000 TJS of the salary for March and April
2024 (4,000 TJS x2), the player only received the sum of 2,000 TJS. Consequently, your club is in
default of payment of the sum of 6,000 TJS.
Added to this is the poor treatment suffered by the player by the club’s management, who have
repeatedly failed to honour and respect the contractual terms (public insults against the player,
disrespect for the player’s emotional state, physical violence by the club’s management against
the player in front of other players and club supporters; defamation).
pg. 3
REF. FPSD-17348
In addition, your club has shown a great lack of professionalism by failing to take the necessary
medical measures to treat the injury that I contacted with the club during the last preparation
match in early April 2024 for the start of the 2024 sports season.
On July 1, 2024 , the director informed the player verbally of the unilateral termination of the
contract by the club with immediate effect due to poor performance and injury of the player.
This decision was communicated in writing to the player on July 26, 2024.
The club’s decision is abusive and without legal basis, therefore the player claims the payment
of the following amounts:
•
24,000 TJS (Twently-four thousand Tajik Somoni) corresponding to the residual value
(salary for the month of July 2024 to December 2024, i.e. 4,000 TJS x 6);
•
4,000 TJS (Four Thousand Tajik Somoni) corresponding to the month of annual leave in
accordance with Article 3.1.2 of the contract;
•
12,000 TJS (Twelve Thousand Tajik Somoni) (i.e. 2,000 TJS x 6) corresponding to the rental
allowance (at the rate of 2,000 TJS monthly);
•
10,800 TJS (Ten Thousand Eight Hundred Tajik Somoni) (i.e. 60 TJS x 30 x 6) corresponding
to the food allowance (at the rate of 60 TJS per day);
•
12,600 TJS (Twelve Thousand Six Hundred Tajik Somoni) (i.e. 1,950 TJS of monthly rent
and 150 TJS of bills, i.e. 2,100 TJS x 6) corresponding to the reimbursement of expenses
incurred by the player for rent and bills since the termination of the contract (from July
to December 2024);
•
12,600 TJS (Twelve Thousand Six Hundred Tajik Somoni) (i.e. 70 TJS x 30 x6)
corresponding to the reimbursement of expenses incurred by the player for food and
transport per day since the termination of the contract (from July to December 2024).
The total amount of compensation owed to the player is 82,000 TJS (Eighty-two Thousand
Tajik Somoni).
This is an unacceptable situation and we ask you to make the payment of the total amount
of 82,000 TJS (Eighty- two Thousand Tajik Somoni) within fifteen (15) days of sending this letter
at the latest, directly to the player’s bank account and to send us proof of the transfer. […]”
II. Proceedings before FIFA
6.
On 4 December 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
pg. 4
REF. FPSD-17348
a. Position of the Claimant
7.
According to the Player, on 26 March 2024, a relative of his passed away and he requested
a five-day leave in accordance with clause 6.3 of the Contract, which was denied by the
Club.
8.
In this regard, the Player claimed that he was not mentally present during match
preparations, which resulted in an injury.
9.
Despite his injury, at the beginning of April 2024, the Club included the Player in a match in
which his injury got worse and he was forced to leave the game after 15 minutes.
10. In addition, the Player alleged that the Club failed to take the necessary measures and did
not provide him with the required medical attention. As a result, the Player travelled to
another city to undergo medical examinations.
11. In this regard, according to the Player, the doctor's diagnosis was the following:
"The injury which was originally a muscle contracture, by dint of having been neglected,
worsened and spread to the entire muscle that radiates the quadriceps hence the pain felt at
the back of the knee and in the calf, and that the club doctor's recommendation to apply ice was
not at all recommended for this type of pain, it was rather necessary to apply heat to the area
in order to relax the muscle and improve vascularization". The doctor recommended that the
Player 2 weeks of treatment and 2 weeks of muscle strengthening to be fully recovered.”
12. The Player also alleged that the situation got worse because he did not rest as instructed
by the doctor due to the Club’s pressure and threats and continued participating in
matches with the team.
13. In addition, the Player claimed that he was not able to perform as expected by the Club
due to his injury. The Club confronted him by saying that they were informed by his former
club that he had the injury for two years and that he did not disclose it before signing with
the Club.
14. Allegedly, on 1 July 2024, “after the match of the 12th day marking the end of the first phase of
the championship, the club director Mr. Khuseynzoda Farruki Abdusator informed the Player in
the locker room of the unilateral termination with immediate effect of the Contract and the
return of all the Club's sports equipment.”
15. Finally, the Claimant requested the following relief:
The total amount of TJS 98,000 and 5% interest as follows:
−
“TJS 6,000 corresponding to the balance of the salaries for the months of March and
pg. 5
REF. FPSD-17348
April 2024; out of the initial 8,000 TJS of the salary of March and April 2024 (4,000 TJS
x 2), the player only received the sum of 2,000 TJS. Therefore, the club is in default of
payment of the sum of 6,000 TJS;
−
TJS 24,000 corresponding to the residual value of the Contract (salary for the months
of July 2024 to December 2024, i.e. 4,000 TJS x 6);
−
TJS 8,000 corresponding to annual leave in accordance with Article 3.1.2 of the
contract;
−
TJS 12,000 (i.e. 2,000 TJS x6) corresponding to the rental compensation (at a rate of
2,000 TJS monthly);
−
12,600 TJS (Twelve Thousand Six Hundred Tajik Somoni) (i.e. 1,950 TJS of the monthly
rent and 150 TJS of the invoices, i.e. 2,100 TJS x 6) corresponding to the reimbursement
of the expenses incurred by the player for rent and invoices since the termination of
the contract (from July to December 2024);
And the following amounts in accordance with the practice of the FIFA CRL:
−
10,800 TJS (Ten Thousand Eight Hundred Tajik Somoni) (i.e. 60 TJS x 30 x 6)
corresponding to the food allowance (at a rate of 60 TJS per day);
−
12,600 TJS (Twelve Thousand Six Hundred Tajik Somoni) (i.e. 70 TJS x 30 x 6)
corresponding to the reimbursement of the expenses incurred by the player for food
and transport per day since the termination of the contract (from July to December
2024).
[…]
−
12,000 TJS (Twelve Thousand Tajik Somoni) (i.e. 4,000 TJS x 3) as additional
compensation in accordance with the case law of the FIFA DRC.’’
b. Position of the Respondent
16. Despite being invited to do so, the Respondent did not reply to the claim.
pg. 6
REF. FPSD-17348
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
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 04 December 2024 and submitted
for decision on 17 February 2025. Taking into account the wording of art. 31 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.
18. Furthermore, 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 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (January 2025 edition), the Single Judge
is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Cameroonian player and a Tajikistani
club.
19. 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. 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
20. 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 Transfer Matching System (TMS).
c. Merits of the dispute
21. Having established the competence and the applicable regulations, 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 assessing the matter at hand.
pg. 7
REF. FPSD-17348
i. Main legal discussion and considerations
22. The Single Judge then moved to the substance of the matter, and acknowledged that his
task was to determine whether the Club had just cause to terminate the Contract and which
amounts remain outstanding.
23. In this regard, the Single Judge recalled that according to art. 14 of the Regulations, only a
breach or fault of significant gravity justifies the termination of a contract.
24. In the present case, the Single Judge observed that the Player claimed that the Club
terminated the Contract alleging poor sporting performance due to his injury.
25. Based on the evidence on file, the Single Judge noted that on 1 July 2024 the Club sent a
letter to the Player that stated the following:
“FC Panjsher, J. Balkh district, regarding non-disclosure of mandatory liability for football player
Onana Eteme, born on 11.03.2023, has no objection and agrees to transfer to any other football
club.”
26. However, the Single Judge took note of the fact that the Club did not reply to the claim and
therefore, the allegations regarding the reasons of the termination have not been disputed.
27. The Single Judge concluded that the letter sent on 1 July 2024, along with the Player's
allegations and the Club's lack of response to both the default notice and the present claim,
demonstrated that the Club unilaterally terminated the Contract on 1 July 2024.
28. Consequently, the Single Judge decided that the Club did not have just cause to terminate
the Contract as its termination for poor sporting performance does not constitute an ultima
ratio measure that could justify its termination under art. 14 of the Regulation.
ii. Consequences
29. 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.
30. The Single Judge observed that the outstanding remuneration at the time of termination
of the Contract, coupled with the specific requests for relief of the Player, i.e. the balance
of the salaries of March and April 2024 and the full salaries of May and June 2024, amount
to TJS 14,000.
31. 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 its termination, i.e. TJS 14,000
pg. 8
REF. FPSD-17348
(i.e. TJS 6,000 corresponding to the balance of the salaries of March and April 2024 and TJS
4,000 x 2 for the salaries of May and June 2024).
32. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Dispute Resolution Chamber in this regard, the latter decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as follows:
•
5% interest p.a. over the amount of TJS 3,000 as from 1 April 2024 until the date
of effective payment;
•
5% interest p.a. over the amount of TJS 3,000 as from 1 May 2024 until the date
of effective payment;
•
5% interest p.a. over the amount of TJS 4,000 as from 1 June 2024 until the date
of effective payment;
•
5% interest p.a. over the amount of TJS 4,000 as from 1 July 2024 until the date of
effective payment.
33. 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, taking into account the damages 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.
34. In application of the relevant provision, the Single Judge held that he 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 Contract at the basis of
the matter at stake.
35. 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.
36. 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 TJS 24,000 (i.e. the residual value of the Contract from July to
pg. 9
REF. FPSD-17348
December 2024) serves as the basis for the determination of the amount of compensation
for breach of contract.
37. 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 Dispute Resolution Chamber 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.
38. In this respect, the Single Judge noted that the Player remained unemployed since the
unilateral termination of the Contract.
39. The Singe Judge referred to art. 17 par. 1 lit. i) of the Regulations, according to which, in
case the player did not sign any new contract following the termination of his previous
contract, as a general rule, the compensation shall be equal to the residual value of the
contract that was prematurely terminated.
40. In view of the above, the Single Judge decided to award the Player compensation for breach
of contract in the amount of TJS 24,000 as the residual value of the Contract (i.e., TJS 4,000
times 6).
41. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Dispute Resolution Chamber in this regard, the latter decided to award the player interest
on said compensation at the rate of 5% p.a. as of 1 July 2024 until the date of effective
payment.
42. In addition, the Single Judge noted that the Player requested the following amounts:
•
TJS 4,000 for the annual leave of 3.1.2 of the Contract;
•
TJS 12,000 corresponding to the rental allowance;
•
TJS 10,800 corresponding to food allowance;
•
TJS 12,600 corresponding to the costs incurred by the Player for rent and bills
since the termination of the Contract;
•
TJS 12,600 corresponding to the expenses incurred for food and transport per
day since the termination of the Contract.
pg. 10
REF. FPSD-17348
43. In this regard, the Single Judge noted that firstly, there is no contractual basis to request
the above amounts and secondly, that the Player did not provide any proof of payment
demonstrating that he has incurred these expenses.
44. Consequently, the Single Judge decided not to award the above amounts.
iii. Compliance with monetary decisions
45. 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.
46. 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.
47. 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.
48. 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.
49. 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
50. 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.
pg. 11
REF. FPSD-17348
51. 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.
52. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 12
REF. FPSD-17348
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Benoit Junior Onana Eteme, is partially accepted.
2.
The Respondent, FC PANJSHER, must pay to the Claimant the following amount(s):
- TJS 14,000 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of TJS 3,000 of as from 1 April 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of TJS 3,000 of as from 1 May 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of TJS 4,000 of as from 1 June 2024 until the date of
effective payment;
- 5% interest p.a. over the amount of TJS 4,000 of as from 1 July 2024 until the date of
effective payment.
- TJS 24,000 as compensation for breach of contract plus 5% interest p.a. as from 1 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.
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.
pg. 13
REF. FPSD-17348
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-17348
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
pg. 15