Labour Disputes
Texto da decisão
REF. FPSD-17746
Decision of the
Dispute Resolution Chamber
passed on 2 October 2025
regarding an employment-related dispute concerning the player
Emmanuel Okyere Boateng
COMPOSITION:
Martín AULETTA (Argentina), Chairperson
Dana MOHAMED AL-NOAIMI (Qatar), Member
Stefano SARTORI (Italy), Member
CLAIMANT / FIRST COUNTER-RESPONDENT:
Emmanuel Okyere Boateng, Ghana
Represented by Daniel Muñoz Sirera
RESPONDENT / COUNTER-CLAIMANT:
Al Orobah, Saudi Arabia
Represented by Alfonso Leon Lleo
SECOND COUNTER-RESPONDENT:
Gaziantep FK, Turkiye
Represented by Dr. Gürkan Özocak
pg. 2
REF. FPSD-17746
I. Facts of the case
1. The parties to the present dispute are:
i.
The Ghanian player, Emmanuel Okyere Boateng (hereinafter: the Player, or the
Claimant/First Counter Respondent);
ii. The Saudi club Al-Orobah (hereinafter: Al-Orobah, the Club, or the Respondent/ CounterClaimant); and
iii. The Turkish club Gaziantep FK (hereinafter: Gaziantep FK, the New Club, or the Second
Counter-Respondent.
2.
On 1 August 2024, the Player and the Club entered into an employment contract
(hereinafter: the Contract) valid as from 1 August 2024 until 30 June 2025.
3. Art. 4 of the Contract provided, quoted verbatim:
“Article 4. Term
4.1 Start and end dates”
Contract start date:
01/08/2024
Contract end date:
30/06/2025
4. Art. 5 of the Contract provided, quoted verbatim:
“Article 5. Remuneration: The club’s obligation to make the arrangements provided
hereunder shall be subject to set-off, counterclaim or recoupment of amounts advanced by
the club or owed by the player to the club or paid on his behalf, such as fines or sanctions.
5.1 Fixed monthly remuneration:
The Club shall pay the Player a total of USD nine hundred thousand net of tax in Saudi
Arabia as SALARY. This amount will be paid on a monthly basis by the last day of each
month throughout the duration of this contract as follows:
Payment type
Currency
USD
Monthly Salary
USD
81,818
5.2 Fixed financial payments:
The Club shall pay the Player a sum of USD eight hundred thousand as advance of
payments Net of tax in Saudi Arabia as follows:
pg. 3
REF. FPSD-17746
Payment Type
Cur
amount
payment deadline
Advance
USD
800,000
500,000 on 20/08/2024
300,000 on 15/01/2025
Considering Articles 5.1 and 5.2, the Total Fixed Remuneration (TFR) over the contract's
duration is set at a TOTAL of USD one million and seven hundred thousand This amount is
free of tax, if applicable, in Saudi Arabia
5.3 Conditional financial payments
The Club shall pay the player bonus Win-Match-Bonus according to the Club Regulations.
Payment type
Cur
Amount
Condition to be met
SAR
pursuant to the
club internal rules
In case of winning in an official
match of the league
5.4 Payment details
The Club shall pay all monthly, fixed and conditional remuneration to the Player’s
designated bank account, the details of which are as follows:
[Voluntarily omitted]
a) The Player acknowledges that any tax liabilities or obligations arising from the Player's
income under this Contract in their country of residence and/or citizenship shall be the
sole responsibility of the Player. The Club shall not be liable for any such taxes. All
compensation related to this agreement, including termination compensation, shall be
net of tax in Saudi Arabia, and any charges, bank fees, or other costs in the Player's
country shall be the sole responsibility of the Player.”
5. Art. 12 of the Contract provided, quoted verbatim:
“Article 12. Termination
1 - In the event that the Club unlawfully fails to pay the Player at least two monthly salaries
on their due dates or fails to pay an amount equivalent to two monthly salaries, the Player
shall be deemed to have just cause to terminate this Contract. Prior to termination, the
Player must provide written notice to the Club, putting them in default and granting a
deadline of at least 15 days from the date of the notice for the Club to fully comply with
its financial obligations.
2. The Club holds the right to terminate this Contract under justifiable circumstances such
as: a) The Player's involvement in any form of serious misconduct or gross violation of
their contractual obligations. B) Legal conviction of the Player for a criminal offense that
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REF. FPSD-17746
detrimentally affects the Club's reputation or the sport’s standing. C) Involvement of the
Player in violating anti-doping regulations, match-fixing, or any form of illegal activities.
And is held guilty by final and binding decision of the highest judicial / competent body, d)
Other justifiable grounds specified under the applicable laws, regulations, or collective
bargaining agreements.
3.The parties agree that the Player's absence exceeding (15) consecutive days without the
Club's authorization, or any unjustifiable extension of approved leave without Club's
consent, constitutes a justified cause for contract termination due to the Player’s breach
of the employment contract.
4.Upon a violation of any obligations under this Contract or pertinent regulations by the
Player, the Club reserves the right to impose disciplinary sanctions. The Player will be
provided a written notice outlining the violation's nature offering a reasonable remedy
period to rectify the breach.
5.The Club may not terminate the Contract solely on the basis of an injury incurred by the
Player during play or training.
6.The Contract’s validity is independent of a successful medical examination and/or the
acquisition of a work permit.
7.Upon Contract termination, the terminating party shall promptly provide written notice
to the other party and pertinent authorities, adhering to the notice provisions outlined in
this Contract and relevant regulations.
8.the Player agrees to maintain the confidentiality of all non-public, privileged, sensitive
or proprietary information related to the Club, its operations, stakeholders, and related
parties, obtained during the term of the Contract, unless disclosure is legally mandated or
explicitly authorized by the Club. This confidentiality agreement survives the termination
of the Contract.
9.The Player agrees to perform their duties to the best of their ability, maintain their
fitness, attend training sessions, uphold a professional conduct, abide by Club's rules, and
fulfill sponsorship obligations. The Player will take good care of Club’s property and
comply with anti-doping rules.
10.A breach of confidentiality clause by the Player is considered a serious violation. It may
lead to disciplinary action, legal recourse, return of confidential information, notification
of breach, and survival of the clause beyond contract termination.
11.In the event of a breach of confidentiality, the Player shall be liable to compensate the
Club fully for the damages assessed by the Club, including actual losses, loss of
opportunities, reputational damage, and legal costs. The Club may also seek legal
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REF. FPSD-17746
remedies, the return of confidential information, and injunctive relief to prevent further
breaches.
12. In the event where the Player terminates the Contract with just cause due to any breach
by the Club or the Club terminates the Contract without just cause, the Player shall be
entitled to terminate the Contract with just cause and shall be entitled to a compensation
from the Club which shall include the all net overdue payments (including but not limited
to the salary, bonus, sign on, advance payment) and all the net remaining amounts of the
Employment Contract (including any other subsequent agreement) from the time of
termination (including the salary, bonus, conditional payment, sign on, advance payment
irrespective of the triggering of the respective conditions) until the expiry of the Contract.
The Parties agree that the agreed compensation shall not be mitigated (art 337 (c) of the
SCO) and/or reduced.”
6.
On 1 November 2024, the Player put the Club in default of payment of USD 245,454 net of
taxes in Saudi Arabia for the salaries of August, September and October 2024 as per art. 5.1
of the Contract, as well in default of payment of USD 500,000 net of taxes in Saudi Arabia
of the advance of payment under art. 5.2. of the Contract. The Player granted the Club 15
days to remedy its default.
7.
On 8 November 2024, the Club answered the Player by proposing inter alia, an alternative
schedule to pay the requested remuneration, which stated, quoted verbatim:
“3. TERMS OF POSTPONEMENT
3.1 Revised Salary Payment Schedule
The parties have agreed to pay the Player’s outstanding salaries according to the following
revised schedule:
-First salary amounting to 81.818 USD on November10, 2024-Second salary amounting to
81.818 USD on November 26, 2024-Third salary amounting to 81.818 USD on December
22, 2024-Fourth and fifth salary on January22, 2025
3.2 Future Salaries
All future salaries following January 2025 will continue as per the original terms in the
employment contract unless further amended by mutual consent.
3.3 Revised Advance Payment Schedule
The Club agrees to pay the Player’s outstanding advance payments according to the
following schedule:
First Advance Payment (200,000 USD) on December 15, 2024
Second Advance Payment (300,000 USD) on January 26, 2025
pg. 6
REF. FPSD-17746
3.4 Condition of Payment Validity:
This postponement is contingent upon continued funding from the Ministry of Sport,
subject to review and approval by the Committee for Financial Efficiency and
Sustainability. Should there be further delays or adjustments in funding, the Club will
notify the Player, and both Parties agree to revise payment dates in good faith”
8.
On 11 November 2024, the Club proceeded to a payment of SAR 307,881,13 to the Player
which the Player accepted as equivalent to USD 81,818.
9.
On 14 November 2024, the Club sent a communication to the Player, alleging that he had
verbally agreed to the alternative payment schedule, and requesting the signature of the
Player on the document sent on 8 November 2024.
10. On the same day, the Player stated that he was rejecting the alternative payment schedule
and granted the Club an additional 10 days to remit the remainder of the outstanding
remuneration.
11. Also on 14 November 2024, but in a separate email, the Player, via his legal representative,
answered the Club, confirming having received a payment of USD 81,818 net.
12. On 21 November 2024, the Club sent an email to the Player’s legal representative, thanking
him for confirming receipt of the amount of USD 81,818, acknowledging that it owed
additional amounts to the Player and stating that an additional payment of USD 81,818
should be received by 26 November 2024.
13. On 24 November 2024, the Club proceeded to a payment of SAR 307,799.32 to the Player
which the Player accepted as equivalent to USD 81,818.
14. On 1 December 2024, the Player sent a second notice of default to the Club claiming that it
had only made a partial payment, and that USD 163,636 remained outstanding as salaries
and that USD 500,000 remained outstanding as the advance payment. The Player granted
the Club another 15 days to remit USD 663,636 net, stating that otherwise he would
terminate his Contract.
15. On 14 December 2024, the Club answered the Player, stating that it could not proceed with
the requested payments due to financial difficulties, as it was awaiting financing from the
Ministry of Sports of Saudi Arabia, and that the said financing was delayed. The Club
mentioned that it would pay USD 200,000 to the Player no later than 22 December 2024.
16. On 17 December 2024, the Club proceeded to a payment of SAR 752,800 to the Player,
which the Player accepted as equivalent to USD 200,000.
pg. 7
REF. FPSD-17746
17. On the same day, at 5:22 pm, the Club contacted the Player’s legal representative via email
to inform him that a payment of USD 200,000 had been made to the Player.
18. Also on 17 December 2024, at 5:45 pm, the Club sent another email to the Player’s legal
representative, restating that it had paid the Player USD 200,000 and that it was working
to secure an additional USD 300,000 to pay the Player’s outstanding amounts. In its email,
the Club mentioned, inter alia, quoted verbatim:
“We emphasize that we operate on a “funds received, funds paid” basis as mandated under
national financial regulations and collective agreements. Despite these constraints, the club
has demonstrated its good faith by continuing to honor the terms of our agreement to the
best of our ability.
We also acknowledge that while you have declined to formally sign the proposed settlement
agreement, we remain fully committed to fulfilling all obligations as soon as the necessary
funds are made available by the Ministry of Sport. This commitment is in line with the
proposed settlement postponement, which you chose not to sign as you prefer to see
concrete steps executed rather than formalizing the agreement in writing”.
19. Again, on 17 December 2024, at 7:41 pm, the Player, via his legal representative, sent a
termination notice by email to the Club stating that it had not paid the full amount
requested in the notice of default of 1 December 2024.
20. On 18 December 2024, the Player received the amounts sent by the Club on 17 December
2024.
21. On 25 December 2024, the Player was announced by the New Club as having signed an
employment contract.
pg. 8
REF. FPSD-17746
II. Proceedings before FIFA
22. On 10 January 2025, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
a. Position of the Player
23. In his claim the Player requested compensation following a termination of contract for
outstanding remuneration and the related outstanding remuneration.
24. The Player alleged that the Club failed to pay him his salaries of August, September, and
October 2024 amounting to USD 245,454 net of taxes in Saudi Arabia as well as an advance
fee of USD 500,000 net of taxes in Saudi Arabia.
25. He stated having put in default the Club on 1 November 2024, mentioning that
USD 745,454 net of taxes in Saudi Arabia was outstanding.
26. The Player affirmed that the Club sent him a proposal for an alternative payment schedule
on 8 November 2024, which he rejected.
27. The Player acknowledged that the Club made a partial payment of USD 81,818 net of taxes
in Saudi Arabia on 14 November 2024.
28. The Player confirmed that the Club sent him a letter on 14 November 2024 claiming that
he had verbally accepted the alternative payment schedule, which the Player denied.
29. The Player submitted that on the same day he sent another communication to the Club
extending the delay to proceed with payment by 10-days.
30. The Player confirmed that the Club proceeded with a second payment, but that
USD 581,818 net of taxes in Saudi Arabia remained outstanding from the initial amount.
31. The Player raised that, on 1 December 2024, he sent the Club a second notice of default
stating that USD 663,636 net of taxes in Saudi Arabia remained outstanding, as the salary
for November 2024 became overdue and granting it 15-days to remedy the situation.
32. The Player stated that on 14 December 2024, the Club sent him a communication stating
that he would be paid USD 200,000 no later than 22 December 2024.
33. The Player stated that he terminated the Contract on 17 December 2024.
34. The Player affirmed that he had just cause to terminate the Contract, because at the time
of termination the salaries of October 2024 and November 2024 as well as the first
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REF. FPSD-17746
instalment of the advance fee remained outstanding for a total of USD 663,636 net of taxes
in Saudi Arabia.
35. In addition, the Player mentioned that art. 12 par.1 of the Contract allowed him to proceed
with termination as two monthly salaries were outstanding, and that he granted the Club
15-days to remedy their default.
36. The Player therefore stated that he is entitled to receive the outstanding salaries, which he
said amounted to USD 209,990 net of taxes in Saudi Arabia, for the month of October 2024,
November 2024, and part of the month of December 2024.
37. In addition, he requested the payment of USD 500,000 net as outstanding remuneration
for the first instalment of the advance payment.
38. The Player also claimed bonuses for match wins under art. 5.3. of the Contract and
requested the intervention of FIFA to obtain the Club’s internal rules to calculate them.
Indeed, the Player stated that while he was employed at the Club, there were four match
victories (19 September 2024, 28 September 2024, 20 October 2024 and 28 November
2024).
39. The Player submitted that he is entitled to receive USD 526,362 net of taxes in Saudi Arabia
as the remaining salaries and bonuses under the Contract plus the second instalment of
the advance payment of USD 300,000.
40. Indeed, the Player outlined that as per art. 12 par. 12 of the Contract he was entitled to
receive all the bonuses under art. 5.3 of the Contract irrespective of the fact that they were
triggered or not, he therefore claimed the bonus for all remaining matches of Al Orobah
until the expected end of the Contract, on 30 June 2025.
41. The Player also raised that as per art. 12 of the Contract mitigation shall not be applied to
the present case.
42. The Player therefore made the following request for relief, quoted verbatim:
“1. To admit the present claim filed by MR. EMMANUEL OKYERE BOATENG.
2. To decide that MR. EMMANUEL OKYERE BOATENG terminated the Employment
Contract dated 1 August 2024 signed with ALOROBAH CLUB with just cause on 17
December 2024.
3. To decide that ALOROBAH CLUB is liable to pay MR. EMMANUEL OKYERE BOATENG an
amount of USD 209,990 (Two hundred nine thousand nine hundred ninety US Dollars) net
as overdue salaries, in accordance with Article 5 para. 1 of the Employment Contract.
pg. 10
REF. FPSD-17746
4. To decide that AL OROBAH CLUB is liable to pay MR. EMMANUEL OKYERE BOATENG an
overdue amount of USD 500,000 (Five hundred thousand US Dollars) net as fixed financial
payment, in accordance with Article 5 para. 2 of the Employment Contract.
5. To decide that AL OROBAH CLUB is liable to pay compensation to EMMANUEL
OKYERE BOATENG amounting to USD 826,362 (Eight hundred twenty-six thousand
three hundred sixty-two US Dollars) net as compensation, in accordance with Article 12
para. 12 of the Employment Contract and Article 17 para. 1 of the FIFA RSTP.
6. To decide that AL OROBAH CLUB is liable to pay EMMANUEL OKYERE BOATENG a bonus
for all the matches from 17 December 2024 until 30 June 2025 as compensation under
Article 12 para 12 of the Employment Contract.
7. To decide that AL OROBAH CLUB is liable to pay a default interest of 5% p.a. on the
overdue amounts and the compensation payable to EMMANUEL OKYERE BOATENG
as from the date when the said amounts became due till the date of effective payment, as
specified in the claim.
8. To impose sporting sanctions on ALOROBAH CLUB consisting of a ban from registering
any new players either nationally or internationally for 2 entire and consecutive transfer
windows in accordance with Article 17.4 of the FIFA RSTP.
9. To decide that ALOROBAH CLUB shall pay all the legal and procedural costs arising from
this procedure.”
b. Reply and Counterclaim of the Respondent
43. On 21 February 2025, the Club filed its answer to the Player`s claim and lodged a
counterclaim against the Player and his New Club. Therein, it denied that there were
outstanding salaries at the time of termination by the Player. It submitted that the Player
was attempting to deceive the Football Tribunal by not disclosing the receipt of all his
overdue monthly salaries.
44. The Club acknowledged that the first instalment of the advance fee remained unpaid but
claimed that this amount did not give right to the Player to terminate the Contract.
45. The Club submitted that the funds from the Ministry of Sports were received later than
expected, which created financial difficulties, and stated having communicated these
difficulties to all its employees including the Player.
46. The Club affirmed having discussed with the Player and sent an amended payment
schedule reflecting their discussions on 8 November 2024.
pg. 11
REF. FPSD-17746
47. The Club stated having made a payment of USD 81,818 to the Player on 11 November 2024,
and provided that on 13 and 14 November 2024, the Player and one of its directors had an
exchange via WhatsApp, which, according to the Club, demonstrated that the Player had
agreed to the amended payment schedule. The Club alleged that the Player contradicted
himself when his representatives sent an email rejecting the amended payment schedule
on 14 November 2024.
48. The Club submitted having informed the Player of its financial difficulties, on 21 November
2024 and that it paid the Player a second instalment of USD 81,818 on 24 November 2024.
49. The Club confirmed that it indeed received the Player’s notice of default on 1 December
2024, but that it responded on 14 December 2024 informing the Player that he would
receive USD 200,000 no later than 22 December 2024, and that it effectively proceeded to
payment of that amount on 17 December 2024.
50. In addition, the Club stated that they informed the Player that an amount of USD 300,000
would be forthcoming by the end of December 2024.
51. Nonetheless, the Club pointed out that despite receiving two payments of USD 81,818 in
mid and late November 2024, as well as the payment of USD 200,000 on 17 December 2024
covering all outstanding salaries, and receiving written guarantees that USD 300,000 was
forthcoming, the Player decided to terminate the Contract, on 17 December 2024.
52. The Club alleged that the Player’s behaviour is indicative that he already had the intention
of terminating the Contract, and that he had already reached an agreement with Gaziantep
FK, as evidenced by his arrival in Türkiye on 22 December 2024, and the announcement of
his signature on 25 December 2024.
53. The Club submitted that, as per the facts of the case and the jurisprudence of the Football
Tribunal, the Player did not have just cause to terminate the Contract, stating that the
Football Tribunal’s jurisprudence to the effect that salaries and contingent payment are
distinct, and that only outstanding salaries can justify a termination of Contract, which
excludes contingent payments or sign-on fees.
54. In that sense, the Club affirmed that as of 17 December 2024 all the outstanding salaries
had been paid and the Player confirmed receipt of the payment, and that the only amount
that could be constructed as outstanding was related to the first instalment of the advance
payment.
55. The Club mentioned that the advance payment is distinct from salaries both in the writing
of art. 5 of the Contract but also in the Player’s notices of default where he referred to the
instalments of USD 81,818 as salaries, and to the amount of USD 500,000 as advance of
payment.
pg. 12
REF. FPSD-17746
56. Given the foregoing, the Club stated that the Player did not have just cause to terminate
the Contract as there were no outstanding salaries.
57. The Club further asserted that, in assessing the circumstances surrounding the termination
of the Contract by the Player, it appeared that the Player hid crucial facts in his claim
demonstrating that he knew that he did not have just cause to terminate the Contract, but
that he did so because he had already made his decision regardless of the Club’s efforts to
remedy the situation.
58. In light of this situation, the Club presented that the Player had not demonstrated that he
could not reasonably expect to continue the employment relationship as, quoted verbatim:
”- the Player had consented to it for months, and to make matters worse,
considering
- the Player was being guaranteed that in a matter of days (by the end of December
2025 at most) he would receive a most substantial part of it, i.e. USD 300,000”
59. The Club affirmed that since no outstanding salaries were due at the time of termination,
the non-payment of a part of the advance fee was not sufficient to reasonably consider
that the employment relationship could not be continued. To the contrary, the Club
pointed out that the Player had no reason to lose confidence in the Club as he had received
full and complete payment of all his salaries in the hours preceding his termination of the
Contract.
60. In that sense, the Club recalled the jurisprudence of the Court for Arbitration of Sports (CAS)
to the effect that a termination of contract is an ultima ratio measure, and that in the
present case, the Player’s conduct of terminating the Contract immediately after receiving
his full outstanding salaries and part of the advance fee did not fall in line with the
established jurisprudence.
61. The Club asserted that the Player’s conduct is evidence that he had already agreed to join
the New Club, and that he sought to use the non-payment of salaries and the advance
payment as an excuse to move to Türkiye.
62. The Club affirmed that this conduct contradicted the principle of good faith and that the
Player’s claim was an abuse of right, which was exacerbated by the fact that the Club was
in a relegation battle. The Club further emphasized that it lost an important player at a
crucial stage of the sporting season, and that the Player had ample time to terminate the
Contract should he effectively considered that the non-payment of the advance payment
granted him just cause to terminate the employment relationship.
63. In support of this argument, the Club relied on CAS awards CAS 2006/A/1100 (Tareq Eltaib
v. Club Gaziantepspor) and CAS 2020/A/7054 (Sporting Clube de Portugal v. Rafael
pg. 13
REF. FPSD-17746
Alexandre de Conceicao Leao & LOSC Lille & FIFA), in which a 2-month delay to terminate
a contract was deemed unreasonable from the moment the alleged cause occurred, and
provides that a party that intends to terminate a contract shall do so immediately.
64. In this context, the Club considered that the Player shall be held liable for the termination
of the Contract without just cause and claimed compensation which it quantified as the
residual value of the contract, i.e. EUR 826,372.
65. In addition, the Club stated that Gaziantep FK shall be held jointly liable with the Player of
the damages as it induced the Player’s breach of his Contract, since the Player arrived in
Türkiye on 22 December 2024 and that his signing was announced on 25 December 2024.
The Club alleged that the short delay between the termination of the Contract and the
signature with Gaziantep FK was evidence that the Player and the New Club had
orchestrated the transfer before the termination of the Contract.
66. The Club’s requests for relief and counterclaim read as follows, quoted verbatim:
“In view of all the documentation as well as the factual and legal considerations
mentioned above, Al Orobah shall herein respectfully request the esteemed FIFA Dispute
Resolution Chamber of the Football Tribunal to rule as follows:
1.To dismiss the Statement of Claim of the Player;
2.To accept this Counterclaim of the Club;
3.To determine that Player’s Employment Contract was terminated by the Player without
just cause;
4.To condemn the Player to pay in favour of the Club the compensation for the termination
of the Employment Contract without just cause in the total amount of USD 826,372;
5.To determine Gaziantep FK jointly liable for the payment of the compensation for the
Player’s termination of the Employment Contract without just cause;
6.To condemn the Player to pay in favour of the Club the corresponding interest at the
rate of 5% per annum applicable to the compensation for the termination of the
Employment Contract without just cause, as from 17 December 2024 (the date of
termination) until the date of effective payment;
7. To order the Player to assume the entirety of the FIFA DRC administration and
procedural fees, if any.”
pg. 14
REF. FPSD-17746
c. Answer of the Player to the Counterclaim
67. On 1 April 2025, the Player filed his answer to the counterclaim.
68. The Player mentioned that on the date of termination of the Contract, USD 663,636 net of
taxes in Saudi Arabia remained outstanding, which included two monthly salaries (USD
163,636) and the fixed advance payment (USD 500,000).
69. The Player stated having received only a partial payment of USD 200,000 on 18 December
2024, i.e after the termination of his Contract.
70. The Player submitted that the Club attempted to pressure him to withdraw the default of
notices before the Football Tribunal.
71. The Player recalled the wording of art. 12 para. 1 of the Contract which he said granted him
the right to terminate his contract with just cause in case the Club failed to pay him 2
monthly salaries. The Player asserted that the equivalent of more than 8 months of salary
was overdue and thus, that he had just cause to terminate his contract, as per this provision
and the principle of pacta sunt servanda.
72. The Player maintained having just cause to terminate his Contract, as he sent a default
notice requesting USD 663,636 net of taxes in Saudi Arabia on 1 December 2024, and that
he granted the Club a 15-day deadline that expired on 16 December 2024.
73. As he had not received the claimed amounts on 17 December 2024, the Player affirmed
that he had just cause to terminate the Contract.
74. In that sense, the Player raised that the payment he received on 18 December 2024 was
only a partial payment of the sum claimed and was received after the termination of the
Contract.
75. The Player affirmed that in the decisions of the Football Tribunal cited by the Club, it was
ruled that a Player had just cause to terminate his contract, because the fixed advance
payment was outstanding for more than 3 months, and that despite partial payments the
club, in that case, was still non-compliant with its contractual obligation.
76. In that sense, the Player resubmitted that as per the jurisprudence of the Football Tribunal,
since the advance payment was amounting to more than 2 months of salary and that he
provided a written default notice to the Club before terminating the Contract, he had just
cause to terminate his Contract.
77. In addition, the Player stated that as per CAS jurisprudence a club has the duty to arrange
payment of the salaries, and it cannot use administrative or financial difficulties to be
pg. 15
REF. FPSD-17746
excused from paying salaries. He stated that non-payment and late payment had been
recognized as a just cause for termination.
78. The Player recalled that he made numerous attempts to raise the situation with the Club
and gave the Club ample time to proceed with payment, despite being owed the equivalent
of more than eight months of salary.
79. The Player affirmed that the Club’s allegation that he did not complain about the late
payment before sending a first notice of default 1 November 2024, and that he did not
terminate his contract at the first instance he had the right to, which fell on 15 November
2024, as a show of good faith. Indeed, he stated having granted the Club an additional 10
days to remedy the default and having sent a second notice of default on 1 December 2024.
80. The Player added that the Club refused to engage in communications with his legal
representative and instead tried to pressure him in retracting his notices of default as per
conversations he recorded and of which he included a translation in its answer to the
counterclaim.
81. The Player asserted that the Club engaged in abusive conduct in stating that the Player had
agreed to a settlement agreement and requesting his signature by email.
82. The Player observed that in conversation between him and the Club’s representative, the
Club pressured him to sign the settlement agreement or to drop the complaint.
83. The Player concluded by acknowledging that he received an amount of USD 200,000 from
the Club on 18 December 2024, but that he cannot determine whether it is a partial
payment of the fixed advance fee or of the outstanding salaries.
84. In absence of specification, the Player stated that the amount of USD 200,000 received on
18 December 2024, should be considered as partial payment of the fixed advance fee.
85. The Player concluded by making the following request for relief, quoted verbatim:
“In view of all the above legal and factual arguments, we conclude our Answer by referring in
full to our Request of Relief and documentary evidence request as presented in our Claim and
by requesting this honorable Dispute Resolution Chamber:
To dismiss the Counter-claim filed by ALOROBAH CLUB in full”
d. Position of the New Club
86. On 1 April 2025, the New Club stated that they had contact with the Player in August 2024
prior to his signature with Al-Orobah.
pg. 16
REF. FPSD-17746
87. The New Club outlined that on 20 December 2024, the Player’s agent contacted its Sporting
Director mentioning that the Player had terminated his Contract, and that he was a “free
agent”.
88. The New Club mentioned having asked about the termination process with Al-Orobah, to
avoid hiring a player that had issues with its former club and stated that the Player’s agent
confirmed that the Contract was terminated with just cause for outstanding remuneration.
89. The New Club affirmed that after having this reassurance from the Player’s agent, it
manifested its interest.
90. The New Club clarified that the Player travelled to its facilities, on 22 December 2024, and
he accepted the contractual terms had been offered in August 2024, but that he had
previously rejected, in favour of the Contract with Al-Orobah.
91. The New Club confirmed that an agreement was reached on 25 December 2024, with the
start date to the new contract (hereinafter: the New Contract) set to 13 January 2025, the
first day of the second registration period of the Turkish Football Federation.
92. v restated that it did not engage in negotiations with the Player before 20 December 2024,
when the Player’s agent contacted it and that it had confirmed that the Player was without
a contract before moving further.
93. The New Club also added that it had no interest in the Player’s termination process with AlOrobah and recalled the wording of art. 27 of the New Contract which provided, quoted
verbatim:
“27. The Player declared to Gaziantep FK that he was a free agent player and this
Contract was signed by Gaziantep FK with this condition. Therefore, the Player accepts,
declares and undertakes that the employment contract between him and his previous
club was terminated lawfully, Gaziantep FK shall not suffer any damage due to the
termination of that contact and shall not affect the debt of playing football. If, due to
the termination without just cause, and only after the same is confirmed by the decision
from the highest authority, it is not possible for the Player to perform his obligations
arising from this Contract and/or the Club (Gaziantep FK) suffers damage, the Club has
to right to terminate the contract with just cause and all such claim damages shall be
compensated immediately and in cash. The damages that Gaziantep FK will claim from
the Player include the compensation that Gaziantep FK will have to pay to third parties
due to the termination of the Player's previous employment contract.”
94. Furthermore, the New Club raised that as from 1 January 2025, a new club can only be
found liable if the former club presents convincing evidence of inducement of breach, and
that in the present case, Al-Orobah had not submitted any such evidence, as there is none,
because the New Club did not encourage the Player to terminate his contract.
pg. 17
REF. FPSD-17746
95. The New Club concluded its submissions by making the following request for relief, quoted
verbatim:
“Apart from this, Gaziantep FK is not a party to the contractual dispute between the Player
and his former club Al Orobah and has no knowledge of the termination process.
Therefore, we kindly request that you not render any decision against our Club since the
sporting sanctions shall only be imposed on the Club infringing the contract with the
previous Club or caused to infringe the contract with the previous Club as per, Article 17,
para 4. of FIFA RSTP, so that our Club does not have such position in the case”.
e. Evidentiary request
96. As part of his claim, the Player included an evidentiary request, demanding that a copy of
Al-Orobah’s internal regulations on bonuses be transmitted to him, so that he could
calculate the bonuses he claimed he was entitled to.
97. On 28 August 2025, the FIFA general secretariat, pursuant to art. 13 par. 6 of the January
2025 edition the Procedural Rules Governing the Football Tribunal, sent a communication
to Al-Orobah requesting a copy of “its internal regulations or guidelines on bonuses (incentive
payments) for the players for season 2024-2025”.
98. On 12 September 2025, Al-Orobah provided a copy of a document entitled “Al –Orobah -FCInternal Behavior Policy”.
pg. 18
REF. FPSD-17746
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
99. First of all, the Dispute Resolution Chamber (hereinafter: the Chamber or DRC) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that
the present matter was presented to FIFA on 10 January 2025 and submitted for decision
on 2 October 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.
100. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 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 Saudi club, with the involvement of a Turkish club.
101. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 29 of the
Regulations, the July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
b. Burden of proof
102. 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
103. Having established the competence and the applicable regulations, the Chamber entered
into the merits of the dispute. In this respect, the Chamber started by acknowledging all
the above-mentioned facts as well as the arguments and the documentation on file.
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
pg. 19
REF. FPSD-17746
i. Main legal discussion and considerations
104. Having established the foregoing, the Chamber moved to the substance of the matter and
took note of the fact that the parties strongly dispute the justice of the early termination of
the Contract by the Player, based on the alleged non-payment of certain financial
obligations by the Club as per the Contract, in accordance with art. 14bis of the Regulations.
105. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Club and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled, and assess the consequences thereof.
106. The Chamber 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).
107. The Chamber recalled that the Contract began on 1 August 2024 and granted the Player an
advance payment of USD 500,000 net of taxes in Saudi Arabia, and a monthly salary of
USD 81,818 also net of taxes in Saudi Arabia. In that sense, from the beginning date of the
Contract to the notice of default of 1 December 2024, the Player was entitled to
USD 327,272 net of taxes in Saudi Arabia for the salaries of August, September, October
and November 2024, in addition to the advance payment of USD 500,000.
108. The Chamber acknowledged that in its initial notice of default, of 1 November 2024, the
Player claimed that the salaries of August, September and October 2024 were outstanding
as well as the advance payment. The Chamber also took note that both parties have
admitted that the Club made two separate payments of USD 81,818 to the Player, on 11
November 2024 and on 24 November 2024, respectively.
109. The Chamber noted that the Player claimed having not received his remuneration
corresponding to the salaries of October 2024 due on 31 October 2024, and November
2024 due on 30 November 2024, as well as the USD 500,000 advance payment, for a total
of USD 663,636 net of taxes in Saudi Arabia outstanding. Furthermore, the Chamber noted
that the Player has provided written evidence of having put Al-Orobah in default on 1
December 2024, i.e. at least 15 days before unilaterally terminating the contract on 17
December 2024.
110. The Chamber also noted that in the case at hand the Club bore the burden of proving that
it indeed complied with the financial terms of the contract concluded between the parties.
Nonetheless, the evidence provided by the Club (namely the evidence that it made a
payment of USD 200,000 on 17 December 2024) does not, in the Chamber’s view,
sufficiently prove the payment of the amounts claimed outstanding by the Player.
pg. 20
REF. FPSD-17746
111. Indeed, the Chamber considered that, in the absence of evidence as to which debt this
amount corresponded, it could only default to its established practice of offsetting the
payment against the oldest outstanding amount, namely the advance payment of
USD 500,000 which was due on 20 August 2024. Consequently, the Chamber determined
that USD 300,000 remained outstanding on the advance payment, but most importantly
that, as of 17 December 2024, the salaries of October and November 2024 also remained
outstanding.
112. Thus, the Chamber concluded that the Player had a just cause to unilaterally terminate the
Contract, based on art. 14bis of the Regulations.
113. Consequently, as it determined that the Player had just cause to terminate his Contract,
the Chamber rejected the counterclaim filed by the Club.
ii. Consequences
114. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, is equivalent to 2 salaries under
the Contract, amounting to USD 163,636 net of taxes in Saudi Arabia, plus USD 300,000 net
of taxes in Saudi Arabia as the balance of the advance payment.
115. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Club is liable to pay to the Player the amounts which were
outstanding under the Contract at the moment of the termination, i.e. USD 463,636 net of
taxes in Saudi Arabia (2 times USD 81,818 net of taxes in Saudi Arabia as outstanding
salaries, plus USD 300,000 net of taxes in Saudi Arabia as the remaining advance payment).
116. The Chamber also considered the request of the Player for the value of the bonus
remuneration. It reviewed the document provided by the Club on 12 September 2025, as
requested by the Player, but did not find any provision related to bonuses. In absence, of
further evidence provided by the Player to establish a contractual or factual basis for this
bonus, the Chamber decided to reject this part of his claim.
117. In addition, taking into consideration the wording of art. 5.1. of the Contract, the Player’s
request for relief, as well as the constant practice of the Football Tribunal in this regard,
the Chamber decided to award the Player interest at the rate of 5% p.a. over the
outstanding salaries of October 2024, and November 2024, as from the first day of the
following month until the date of effective payment. As to the advance payment balance,
the Chamber decided to award the rate of 5% p.a. as from 21 August 2024.
118. As for the monthly salary of December 2024, amounting to USD 81,818 net of taxes in Saudi
Arabia, the Chamber, following its constant practice in this regard, decided to award this
monthly salary as outstanding remuneration, and awarded the Player interest on this
pg. 21
REF. FPSD-17746
amount at the rate of 5% p.a. as from the date of termination, i.e. 17 December 2024, until
the date of effective payment.
119. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable by the Club in the case at stake. In doing so, the Chamber firstly
recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the 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.
120. 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 noted
that art. 12 par. 1 and par. 12 of the Contract provided quoted verbatim:
“1. In the event that the Club unlawfully fails to pay the Player at least two monthly salaries
on their due dates or fails to pay an amount equivalent to two monthly salaries, the Player
shall be deemed to have just cause to terminate this Contract. Prior to termination, the
Player must provide written notice to the Club, putting them in default and granting a
deadline of at least 15 days from the date of the notice for the Club to fully comply with
its financial obligations.
[…]
12. In the event where the Player terminates the Contract with just cause due to any
breach by the Club or the Club terminates the Contract without just cause, the Player shall
be entitled to terminate the Contract with just cause and shall be entitled to a
compensation from the Club which shall include the all net overdue payments (including
but not limited to the salary, bonus, sign on, advance payment) and all the net remaining
amounts of the Employment Contract (including any other subsequent agreement) from
the time of termination (including the salary, bonus, conditional payment, sign on,
advance payment irrespective of the triggering of the respective conditions) until the expiry
of the Contract. The Parties agree that the agreed compensation shall not be mitigated
(art 337 (c) of the SCO) and/or reduced.”
121. However, the Chamber found that it did not meet the principle of reciprocity as it only
foresaw the compensation due by the Club to the Player in case of termination with just
cause by the Player or without just cause by the Club, but did not provide the compensation
owed by the Player to the Club should the Player be found liable to pay compensation to
the Club.
pg. 22
REF. FPSD-17746
122. As a consequence, 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 this player signed a new contract
following the termination of his previous contract (cf., art. 17 par. 1 lit. i) of the Regulations).
123. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 790,908 net of all taxes in Saudi Arabia (USD 81,818 net
of all taxes in Saudi Arabia x 6 months, plus USD 300,000 net of taxes in Saudi Arabia due
on 15 January 2025) serves as the basis for the determination of the amount of
compensation for breach of contract.
124. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the general obligation to mitigate
his damages.
125. Indeed, the Player found employment with Gaziantep FK from 13 January 2025 until 30 June
2026. In accordance with the pertinent employment contract, the Player was entitled to
approximately USD 30,000 net per month, and to a sign-on bonus of USD 35,000 net.
Therefore, the Chamber concluded that the Player mitigated his damages in the total
amount of USD 335,000 net, that is, 6 times USD 30,000 net, plus USD 35,000 net.
126. 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
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 took place due to said reason i.e., overdue payables by the Club and therefore
decided that the Player shall receive additional compensation.
127. In this respect, the DRC decided to award the amount of additional compensation of USD
245,454 net of taxes in Saudi Arabia, i.e., three times the monthly remuneration of the
player.
128. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay the amount of USD
701,362 net of taxes in Saudi Arabia to the Player (i.e., USD 790,908 net of taxes in Saudi
Arabia, minus USD 335,000 net, plus USD 245,454 net of taxes in Saudi Arabia), which was
pg. 23
REF. FPSD-17746
to be considered a reasonable and justified amount of compensation for breach of contract
in the present matter.
129. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Chamber decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 17 December 2024 until the date of effective
payment.
iii. Compliance with monetary decisions
130. 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.
131. 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.
132. Therefore, bearing in mind the above, the DRC decided that the Respondent / CounterClaimant must pay the full amount due (including all applicable interest) to the Player
within 45 days of notification of the decision, failing which, at the request of the Player, 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 / Counter-Claimant in accordance with art. 24 par. 2, 4, and 7
of the Regulations.
133. The Respondent / Counter-Claimant shall make full payment (including all applicable
interest) to the bank account provided by the Player in the Bank Account Registration Form,
which is attached to the present decision.
134. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
135. 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,
pg. 24
REF. FPSD-17746
or match agent”. Accordingly, the Chamber decided that no procedural costs were to be
imposed on the parties.
136. 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.
137. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 25
REF. FPSD-17746
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant / First Counter-Respondent, Emmanuel Okyere Boateng, is
partially accepted.
2.
The Respondent / Counter-Claimant, Al Orobah, must pay to the Claimant / First-Counter
Respondent the following amount(s):
- USD 545,454 net of taxes in Saudi Arabia as outstanding remuneration plus 5%
interest p.a. as follows:
5% interest p.a. over the amount of USD 300,000 net of taxes in Saudi Arabia as
from 21 August 2024 until the date of effective payment;
5% interest p.a. over the amount of USD 81,818 net of taxes in Saudi Arabia as
from 1 November 2024 until the date of effective payment;
5% interest p.a. over the amount of USD 81,818 net of taxes in Saudi Arabia as
from 1 December 2024 until the date of effective payment; and
5% interest p.a. over the amount of USD 81,818 net of taxes in Saudi Arabia as
from 17 December 2024 until the date of effective payment.
- USD 701,362 net of taxes in Saudi Arabia as compensation for breach of contract
plus 5% interest p.a. as from 17 December 2024 until the date of effective payment.
3.
Any further claims of the Claimant / First Counter-Respondent are rejected.
4.
The counterclaim of Respondent / Counter-Claimant is rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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.
pg. 26
REF. FPSD-17746
7.
The consequences shall only be enforced at the request of the Claimant / First Counter
Respondent in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the
Status and Transfer of Players.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 27
REF. FPSD-17746
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. 28