Labour Disputes
Texto da decisão
REF. FPSD-18905
Decision of the
Dispute Resolution Chamber
passed on 13 November 2025
regarding an employment-related dispute concerning the Player Christian
Dimitri Njalla
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Michele COLUCCI (Italy), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT:
Christian Dimitri Njalla, Cameroon
Represented by Anfa
RESPONDENT:
Kabuscorp Sport Clube do Palanca, Angola
pg. 2
REF. FPSD-18905
I. Facts of the case
1.
According to the Cameroonian player Christian Dimitri Njalla (hereinafter: the Player or the
Claimant) on 1 July 2023 he and the Angolan club Kabuscorp Sport Clube do Palanca
(hereinafter: the Club or the Respondent) concluded an employment contract (hereinafter:
the Contract) valid as from 1 July 2023 until 31 May 2025.
2.
According to clause 3 of the Contract, the Club undertook to pay the Player, a monthly
salary of AOA 400,000 provided that he played in 75% of the games.
II. Proceedings before FIFA
3.
On 10 April 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
4.
According to the Player, the Club terminated the Contract without just cause.
5.
In this regard, he submitted a document bearing the Club’s signature, which he claims was
delivered to him by the Club on 15 July 2024 (hereinafter: Proof of End of Contract). The
document reads as follows (quoted verbatim):
“END OF CONTRACT CHRISTIAN DIMITRI NJALLA
To Whom It May Concern:
This is to certify that Christian Dimitri Njalla, born on Febuary 22,2001, has been under a
professional contrat with Kabuscorp Sport Club do Palanca, located in Luanda, Angola,
witch expired on May 31,2024. We hereby declare that the club, Kabuscorp, will not claim
any training compensation for the player.
According to the DRC's well-established case law, the validity of a waiver is conditionalon a
clear and unequivocal statement by the affected party and requires clear wording reflecting
the party's intention to waive its rights. In this contexto, Kabuscorp Sport Club do Palanca
explicity states thet it waives any and all rigthts to training compensation for Christian
Dimitri Njalla.”
6.
The Player argued that as per the above, the Club blatantly breached the Contract.
Moreover, the Player affirmed that he never agreed to terminate his Contract, nor even
discussed the possibility of doing so.
7.
The Player emphasized that the Proof of End of Contract was not signed by him.
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REF. FPSD-18905
8.
Therefore, the Player argued that he was entitled to receive AOA 2,800,000 as outstanding
remuneration as follows:
•
•
•
•
•
•
•
9.
AOA 400,000 net for the salary of January 2024;
AOA 400,000 net for the salary of February 2024;
AOA 400,000 net for the salary of March 2024;
AOA 400,000 net for the salary of April 2024;
AOA 400,000 net for the salary of May 2024;
AOA 400,000 net for the salary of June 2024;
AOA 400,000 net for the salary of July 2024;
Consequently, the Player requested (quoted verbatim):
“• Grant the following amounts, plus 5% interest p.a. as follows:
• Kz 400 000 net for the salary of January 2024 + 5% interest p.a. from 1 February 2024 until
the date of effective payment;
• Kz 400 000 net for the salary of February 2024 + 5% interest p.a. from 1 March 2024 until
the date of effective payment;
• Kz 400 000 net for the salary of March 2024 + 5% interest p.a. from 1 April 2024 until the
date of effective payment;
• Kz 400 000 net for the salary of April 2024 + 5% interest p.a. from 1 May 2024 until the date
of effective payment;
• Kz 400 000 net for the salary of May 2024 + 5% interest p.a. from 1 June 2024 until the date
of effective payment;
• Kz 400 000 net for the salary of June 2024 + 5% interest p.a. from 1 July 2024 until the date
of effective payment;
• Kz 400 000 net for the salary of July 2024 + 5% interest p.a. from 15 July 2024 until the date
of effective payment
• KZ 4 000 000 net of compensation corresponding to the residual value of the Contract + 5%
interest p.a. from 15 July 2024 until the date of effective payment”.
10. On 11 July 2025, the Player informed FIFA that since the alleged termination of the Contract
he remained unemployed.
b. Position of the Respondent
11. Despite being invited to do so, the Respondent did not reply to the claim.
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REF. FPSD-18905
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. 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 April 2025 and submitted for decision on
13 November 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.
13. 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 Cameroonian player and an Angolan club.
14. 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
15. 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
16. 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.
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REF. FPSD-18905
i. Main legal discussion and considerations
17. Since no reply was provided by the Club, our analysis shall be based on the evidence
provided by the Claimant (cf. Art. 21 par. 1 of the Procedural Rules).
18. The Chamber then moved to the substance of the matter and took note of the fact that the
Claimant argued that based on the Proof of End of Contract, on 15 July 2024, the Club
unilaterally terminated the Contract without just cause. Therefore, the Player sought to
receive his outstanding remuneration as well as the residual value of the Contract as
compensation with the salaries that were outstanding at the moment of the alleged
termination, as well as with the residual value of the Contract.
19. In this context, the Chamber acknowledged that its task was to determine whether the Club
terminated the Contract without just cause, and assess the consequences thereof.
Did the Club terminate the Contract without just cause?
20. In this regard, the Chamber noted that the Player argued that, by handing him the Proof of
End of Contract on 15 July 2024, the Club unilaterally terminated the Contract without just
cause. Moreover, the Chamber observed that the Player relied on the fact that he did not
sign the Proof of End of Contract and on the absence of any previous discussions with the
Club regarding prematurely terminating the Contract.
21. The Chamber referred once again to the content of the Proof of End of Contract which
reads (quoted verbatim):
“END OF CONTRACT CHRISTIAN DIMITRI NJALLA
To Whom It May Concern:
This is to certify that Christian Dimitri Njalla, born on Febuary 22,2001, has been under a
professional contrat with Kabuscorp Sport Club do Palanca, located in Luanda, Angola,
witch expired on May 31,2024. We hereby declare that the club, Kabuscorp, will not claim
any training compensation for the player.
According to the DRC's well-established case law, the validity of a waiver is conditionalon a
clear and unequivocal statement by the affected party and requires clear wording reflecting
the party's intention to waive its rights. In this contexto, Kabuscorp Sport Club do Palanca
explicity states thet it waives any and all rigthts to training compensation for Christian
Dimitri Njalla.”
22. From the above-mentioned wording, the Chamber noted that (i) the Club stated that the
Contract expired on 31 May 2024; and (ii) the purpose of the document seems to be about
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REF. FPSD-18905
the Club’s waiver on the Player’s future training compensation rights to which the Club
would be entitled to.
23. In this line, the Chamber recalled that the original duration of the Contract was from 1 July
2023 until 31 May 2025.
24. Notwithstanding the above, the DRC noted that while the Player argued that the Proof of
End of Contract was handed to him by the Club on 15 July 2024, which is the same date
included therein, the Player in his claim, did not address or dispute that said document
explicitly states that the Contract expired on 31 May 2024.
25. The Chamber considered that based on the legal principles’ nemo auditur propriam
turpitudinem allegans and venire contra factum propium, the Player cannot argue that by the
Proof of End of Contract, the Club unilaterally terminated the Contract but at the same time
disregard its content.
26. The Chamber further referred to 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.
27. In this regard, from the Chamber’s point of view, the Player failed to provide evidence to
prove that the Contract was terminated on 17 July 2024. Moreover, the DRC considered
important that 9 months elapsed from the date of the Proof of End of Contract, i.e. 15 July
2024 until the date on which the claim was lodged, i.e. 10 April 2025 without any further
communication between the parties.
28. In light of all the above, and in the absence of evidence in the contrary, the Chamber
concluded that the Club did not terminate the Contract without just cause, but rather the
parties mutually departed from the Contract on 31 May 2024.
29. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment the parties mutually departed
from the Contract, i.e. salaries from January 2024 through May 2024.
30. In this regard, the Chamber observed that that according to clause 3 of the Contract, the
Player was entitled to receive a monthly salary of AOA 400,000. The DRC also noted that
said clause stipulated that in order to receive this salary, the Player had to participate in
75% of the games. In this respect, we note that this is a potestative clause as it left to the
Club’s entire discretion whether the Player would receive his remuneration, the Club having
the authority on his playing time.
31. The Chamber further referred to the longstanding jurisprudence of the Football Tribunal,
according to which potestative clauses are invalid. Moreover, the Chamber noted that this
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REF. FPSD-18905
clause relates to the Player’s basic remuneration and not to a structure of bonuses. In this
sense, the Chamber emphasized that if this clause was to be applicable, the Player would
not be remunerated for the services rendered.
32. Therefore, the Chamber concluded that the Player was indeed entitled to the monthly
salary included in the Contract. The Chamber further noted that there was no specific due
date for the payment of the salary, consequently, the Chamber relied on the longstanding
jurisprudence of the Football Tribunal which provides that in absence of a specific payment
schedule monthly salaries are due on the last day of each respective month.
33. In this line, the Chamber noted that although the Claimant requested the amounts as net,
the Contract did not specify anything in this regard. Therefore, the Chamber decided
against awarding the salaries as net.
34. In addition, taking into consideration the Claimant’s request for relief as well as the
constant practice of the Football Tribunal in this regard, the Chamber decided to award the
Claimant interest at the rate of 5% p.a. on the outstanding amounts as from the day
following the due date for the salaries from January to April 2024, and as from the date of
the mutual departure on the salary of May 2024.
ii. Compliance with monetary decisions
35. 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.
36. 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.
37. 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.
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REF. FPSD-18905
38. 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.
39. 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
40. 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.
41. 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.
42. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-18905
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Christian Dimitri Njalla, is partially accepted.
2.
The Respondent, Kabuscorp Sport Clube do Palanca, must pay to the Claimant the following
amount(s):
- AOA 2,000,000 as outstanding remuneration plus 5% interest p.a. as follows:
-
5% interest p.a. over the amount of AOA 400,000 as from 1 February 2024 until the date
of effective payment;
-
5% interest p.a. over the amount of AOA 400,000 as from 1 March 2024 until the date of
effective payment;
-
5% interest p.a. over the amount of AOA 400,000 as from 1 April 2024 until the date of
effective payment;
3. 5% interest p.a. over the amount of AOA 400,000 as from 1May 2024 until the date of
effective payment;
-
5% interest p.a. over the amount of AOA 400,000 as from 31 May 2024 until the date of
effective payment.
4.
Any further claims of the Claimant are 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.
7.
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.
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REF. FPSD-18905
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-18905
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
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