Labour Disputes
Texto da decisão
REF. FPSD-19016
Decision of the
Dispute Resolution Chamber
passed on 27 January 2026
regarding an employment-related dispute concerning the player
Samuel Yves Oum Gouet
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Johan VAN GAALEN (South Africa), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Samuel Yves Oum Gouet, Cameroon
Represented by Vitus Derungs
RESPONDENT:
Yverdon Sport FC, Switzerland
pg. 2
REF. FPSD-19016
I. Facts of the case
1.
On 20 July 2023, the Cameroonian player, Samuel Yves Oum Gouet (hereinafter: the Player
or the Claimant) and the Swiss club, Yverdon Sport FC (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid from 20
July 2023 until 30 June 2025.
2.
Art. 4 of the Contract provided that the Player would be entitled to a monthly salary of CHF
12,500 net.
3.
Art. 7 of the Contract provided, quoted verbatim:
“Article 7 Peines conventionelles et autres sanctions
En cas de manquement grave ou répété aux obligations résultant du contrat conclu entre
le club et le joueur, ou de sanction ordonnée par un organe sportif (ASF, sections de l’ASF,
Swiss Olympic, UEFA, FIFA), le club peut prononcer à l’encontre du joueur fautif, selon la
gravité de l’infraction, les peines conventionnelles suivantes (art. 160 ss. CO):
1.
En cas d’abus dans le comportement hors terrain (retards répétés et injustifiés à
l’entraînement, rentrée tardive injustifiée de vacances, absences répétées et
injustifiées, violation des obligations contractuelles, atteinte à l’image du club,
etc.), une peine de CHF 0.00 au maximum3.
2.
En cas de geste inconvenant, d’insultes ou d’agression physique sans lésion
corporelle contre un tiers sur le terrain (notamment contre l'arbitre, un autre
représentant officiel, un adversaire ou une personne du public), une peine de CHF
0.00 au maximum.
3.
En cas de blessure volontairement infligée à un tiers sur le terrain, une peine de
CHF 0.00 au maximum.
Dans tous les cas, la peine doit être adaptée à la gravité du comportement du joueur. En
cas de gravité particulière ou en cas de récidive, les montants et les pourcentages indiqués
ci-dessus peuvent être augmentés, au maximum doublés. En outre, le club peut suspendre
le joueur. En infligeant une peine conventionnelle, le club ne renonce ni à son droit de
résilier le contrat pour de justes motifs, ni à celui d’exiger d’éventuels dommages-intérêts
par la voie judiciaire. “
Freely translated to English
“Article 7 Contractual penalties and other sanctions
pg. 3
REF. FPSD-19016
In the event of a serious or repeated breach of the obligations arising from the contract
concluded between the club and the player, or a sanction ordered by a sporting body (ASF,
sections of the SFA, Swiss Olympic, UEFA, FIFA), the club may impose the following
conventional penalties on the offending player, depending on the seriousness of the
offence (Art. 160 et seq. CO):
1. In the event of abuse of off-field behaviour (repeated and unjustified tardiness in
training, unjustified late return from holiday, repeated and unjustified absences, breach
of contractual obligations, damage to the club's image, etc.), a penalty of up to CHF
0.000.
2. In the event of an inappropriate gesture, insult or physical assault without bodily harm
against a third party on the field (in particular against the referee, another official
representative, an opponent or a member of the public), a penalty of up to CHF 0.00.
3. In the event of a deliberate injury to a third party on the field, a penalty of up to CHF
0.00.
In all cases, the penalty must be adapted to the seriousness of the player's behaviour. In
the event of particular seriousness or in the event of a repeat offence, the amounts and
percentages indicated above may be increased, or at most doubled. In addition, the club
may suspend the player. By imposing a conventional penalty, the club does not waive its
right to terminate the contract for just cause, nor the right to claim any damages through
legal proceedings. “
4.
Art. 9 of the Contract provided that the Player would be entitled to an apartment.
5.
Art. 1 of the Contract also stated that the Contract is subject to the “Conditions générales
(CG) du contrat de travail pour joueurs non amateurs des clubs de l’Association Suisse de
Football” (hereinafter: the General Conditions).
6.
Art. 3 of the General Conditions stated, quoted verbatim:
“1. En respectant le principe que nul ne peut se prévaloir de son propre comportement
fautif, chacune des parties peut résilier immédiatement le contrat en tout temps pour de
justes motifs (art. 337 al. 1 CO). Sont notamment considérés comme justes motifs:
2. Sont notamment considérés comme justes motifs:
- la non-qualification ou le retrait entré en force de la qualification du joueur;
- le fait que le joueur ne satisfait plus aux exigences de la législation concernant l’activité
lucrative ou le séjour en Suisse des étrangers;
- la violation grave ou répétée du présent contrat, des statuts ou des règlements de l’ASF
pg. 4
REF. FPSD-19016
ou des sections compétentes de l’ASF;
- la relégation dans une classe de jeu dans laquelle il n’est pas possible d’aligner des
joueurs non amateurs.
3. A l’art. 3 du contrat de travail, les parties peuvent y mentionner de justes motifs
supplémentaires comme par exemple : a) la relégation du club; b) le refus de l’octroi de la
licence au club, respectivement le retrait de celle-ci; c) la suspension du joueur suite à un
comportement fautif de sa part pour une durée d’au moins trois mois, prononcée par les
instances sportives compétentes pour des matches officiels sous le patronage de l’ASF.
4. La partie qui résilie le contrat pour de justes motifs doit motiver sa résiliation si la partie
adverse le demande après la résiliation. ”
Freely translated to English
“1. In accordance with the principle that no one may rely on his or her own wrongful
conduct, either party may terminate the contract immediately at any time for good cause
(Art. 337 para. 1 CO). In particular, the following are considered to be just cause:
2. In particular, the following shall be considered to be just cause:
- the non-qualification or the effective withdrawal of the player's qualification;
- the fact that the player no longer meets the requirements of the legislation concerning
the activity or the stay in Switzerland of foreigners;
- serious or repeated breach of this contract, the statutes or regulations of the ASF or the
competent sections of the ASF;
- relegation to a class of play in which it is not possible to field non-amateur players.
3. In Art. 3 of the employment contract, the parties may mention additional good reasons
such as: a) the relegation of the club; (b) the refusal to grant the licence to the club or the
withdrawal thereof; c) the suspension of the player following misconduct on his part for a
period of at least three months, pronounced by the competent sports authorities for
official matches under the patronage of the ASF.
4. The party who terminates the contract for good cause must give reasons for the
termination if the other party so requests after the termination. ”
7.
Art. 13 par.2 of the General Conditions provided quoted verbatim:
“Le joueur s’engage à communiquer, sans délai, tout problème médical au médecin officiel
du club. Il s’engage à communiquer au médecin du club le nom et la spécialité des
médecins et autres professionnels de la santé qu’il consulterait en dehors du club.”
pg. 5
REF. FPSD-19016
Freely translated to English
“The player undertakes to communicate, without delay, any medical problem to the
official doctor of the club. He undertakes to communicate to the club doctor the name
and specialty of the doctors and other health professionals he consults outside the club."
8.
Art. 14 of the General Conditions provided quoted verbatim:
“1. Si le joueur est empêché de travailler pour cause de maladie ou d’accident,
professionnel ou non professionnel, il est tenu d’en avertir dans les plus brefs délais le
secrétariat du club, l’entraîneur, ou le médecin officiel du club.
2. Le joueur est tenu, pour autant que son état de santé l’exige, de se soumettre à un
traitement médical adéquat le plus rapidement possible en concertation avec le médecin
du club. Il doit suivre les recommandations du médecin du club et l’informer s’il consulte
un autre médecin pour des raisons objectives ou personnelles contraignantes.
3. En outre, il est tenu de faire parvenir au secrétariat du club, au plus tard dans les deux
jours suivant l’événement accidentel ou le début de la maladie, un certificat médical établi
par le médecin officiel du club ou, exceptionnellement, par un autre médecin. "
Freely translated to English
“1. If the player is prevented from working due to illness or accident, whether professional
or non-professional, he is obliged to notify the club secretariat, the coach, or the official
club doctor as soon as possible.
2. The player is obliged, insofar as his state of health so requires, to undergo adequate
medical treatment as soon as possible in consultation with the club doctor. He must follow
the recommendations of the club doctor and inform him if he consults another doctor for
objective or personal reasons.
3. In addition, he is required to send to the club's secretariat, no later than two days
following the accidental event or the onset of the illness, a medical certificate drawn up
by the club's official doctor or, exceptionally, by another doctor. "
9.
Art. 39 of the General Conditions provided quoted verbatim:
“En cas de manquement grave ou répété aux obligations résultant du présent contrat, ou
de sanction ordonnée à son encontre par un organe sportif (ASF, sections de I'ASF, Swiss
Olympic, UEFA, FIFA), le club peut prononcer à l’encontre du joueur fautif les peines
conventionnelles mentionnées d I'art.7 du contrat de travail (au sens des art. 160 ss. CO).
Toutes les sanctions prononcées par le club doivent rester proportion gardée“
pg. 6
REF. FPSD-19016
Freely translated to English
“In the event of a serious or repeated breach of the obligations arising from this contract,
or a sanction ordered against him by a sports body (ASF, sections of the ASF, Swiss
Olympic, UEFA, FIFA), the club may impose on the offending player the penalties referred
to in Art. 7 of the employment contract (within the meaning of Art. 160 et seq. CO). All
sanctions pronounced by the club must remain proportionate“.
10. On 22 January 2024, the Player was removed from the “Contingent List” of the Club
submitted to the Swiss Football League.
11. On 6 February 2024, the Club sent the Player a warning notice stating that his absence from
the training sessions between 22 to 26 January 2024, as well as on 2 and 6 February 2024
was not justified. The Club stated that the Player alleged that he was sick but did not report
to the Club’s doctor nor provided a medical certificate. The Club requested that the Player
report to the Club’s doctor within 48-hours.
12. On 9 February 2024, the Club sent another communication to the Player, via WhatsApp,
stating that the Technical Staff noted that the Player did not attend training on 5, 6, 7 and
8 February 2024, and requested that the Player send the Club a medical certificate justifying
his absence, consult the Club’s doctor before 13 February 2024 at 17:00, and if the doctor
deems him able return to training immediately. The Club warned the Player that if he were
to persist in not meeting their demands, they would consider having just cause to
terminate the Contract.
13. On 9 February 2024, the Player answered as follows, quoted verbatim:
“Je prends connaissance de votre courrier ! Vu que je ne peux pas discuter avec le président,
le directeur sportif est aux Etats Unis. Je vais essayer un peu de répondre. Monsieur Steven
Guignard, je reconnais avoir eu une discussion avec les physio de l'équipe première d'yverdon
sport ainsi que le docteur principal de l'équipe. J'ai des raisons valables de ne pas être sur le
terrain avec notre groupe réduit. Avant de chercher n'importe quelles sanctions. Vous devez
demander au staff médical de l'équipe. C'est la procédure adéquate.
Ps: ma rencontre avec les physio s'est faite devant plusieurs témoins qui peuvent attester !
Mes engagements professionnels sont pleinement respectés. De ce côté je n’ai aucun
doute“
Freely translated to English
“I have read your letter! Since I can't talk to the president, the sporting director is in the
United States. I will try to answer a little. Mr. Steven Guignard, I admit that I had a
discussion with the physios of the Yverdon Sport Sport first team as well as the team's main
pg. 7
REF. FPSD-19016
doctor. I have valid reasons not to be on the pitch with our reduced group. Before looking
for any sanctions. You have to ask the team's medical staff. This is the right procedure.
Ps: my meeting with the physio was in front of several witnesses who can attest!
My professional commitments are fully respected. On this side I have no doubt“.
14. On 23 February 2024, the Club, via its General Secretary, , sent another warning notice to
the Player via WhatsApp, but its content was not disclosed.
15. On the same day, the Player answered the text message stating, quoted verbatim:
“Bonsoir monsieur Steven.
J’accuse réception de ce nouvel avertissement. J’en discuterai avec les responsables. Mais
je tiens à préciser que je n’ai pas l’adresse mail du préseident.”
Freely Translated to English
“Good evening, Mr. Steven.
I acknowledge receipt of this new warning. I will discuss it with the relevant managers.
However, I would like to point out that I do not have the president's email address.”
16. On 24 February 2024, the Player informed via WhatsApp a Club representative that he was
going to miss the training session due to a potential COVID-19 case. The Player mentioned
that he was visited by his family members, one of whom had COVID-19. He said that he
travelled to Basel to drop them to the airport as a justification for missing training. This led
the Club to question him as to why he was able to drive 3 hours to Basel but not attend
training. As an answer the Player provided a copy of a positive COVID-19 test, which
prompted the Club to request that he be tested by his doctors. The Player complied after
returning from Basel and he confirmed that the second test was negative.
17. On 27 February 2024, the Club sent a termination notice to the Player stating that he
missed several training sessions or arrived late to them since 22 February 2024. In its letter
the Club stated that they had warned the Player via email on 6, 9 and 22 February 2024
that his behavior was unacceptable and could lead to the termination of his Contract. In
addition, the Club referred to an incident that occurred on 24 February 2024 during which
the Player allegedly missed the team’s practice due to a COVID-19 infection, but that when
asked to be tested by the Club’s doctor, it was revealed that the Player was out of town,
and that after a test was conducted, upon his return, it was negative.
18. On 29 April 2024, the Player, through his legal representative, sent a letter to the Club, via
email, stating that the Club had terminated the Contract without just cause, by removing
him from the Club’s roster while he was still under contract. In addition, the Player alleged
that the Club failed to pay him his salary of February 2024. The Player also contested the
pg. 8
REF. FPSD-19016
Club’s allegation regarding his absences, stating that the alleged absences all happened
after the removal of the Player from the Club’s roster. In that sense, the Player requested
CHF 12,500 plus 5% interest from 28 February 2024 as the outstanding salary of February
2024, as well as CHF 200,000 as damages for the termination of contract plus 5% interest
from 28 February 2024. The Player granted the Club until 8 May 2024, to pay the requested
amounts
II. Proceedings before FIFA
19. On 24 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
20. The Player submitted that on 22 January 2024, he was deregistered by the Club from its
“Contingent List" which prevented him to play as per the « Règlement sur la Qualification des
Joueurs de la SFL », as he alleged that the Club filled its 25 eligible player spots.
21. The Player affirmed that all the allegations included in the termination letter sent by the
Club on 27 February 2024 are posterior to the deregistration of the Player, and were
fabricated by the Club to make it seem like they had just cause to terminate the contract,
when in fact they had already terminated it by virtue of the radiation from the “Contingent
List”.
22. The Player submitted that in that case, he is entitled to the residual value of the Contract
as compensation, as well as the outstanding remuneration from the month of February
2024 which he alleged was not paid by the Club. The Player however confirmed that he
mitigated his damages by signing a new employment contract with the Romanian Club CSM
Politehnica IASI, and that CHF 62,000 should be deducted from the compensation sought.
23. In that sense the Player made the following request for relief, quoted verbatim:
“En vue de ce qui précède, nous sollicitons respectueusement de la CRL qu’elle décide
a. que la Réclamation du Joueur soit recevable et admise;
b. que Yverdon soit obligé de payer au Joueur compensation pour rupture de contrat
de CHF 154'500 net, plus intérêt de retard de 5% par an à compter du 23 janvier 2024
jusqu'à la date du paiement effectif ;
c. que Yverdon soit condamné à supporter les frais de procédure ainsi que les frais
d’avocats encourus par le Joueur”
pg. 9
REF. FPSD-19016
Freely translated to English
“In view of the above, we respectfully request that the DRC decide
a. the Player's Claim is admissible and admitted;
b. that Yverdon is obliged to pay the Player compensation for breach of contract of CHF
154,500 net, plus late payment interest of 5% per annum from 23 January 2024 until
the date of the actual payment;
c. that Yverdon is ordered to bear the costs of the proceedings as well as the lawyers'
fees incurred by the Player”
b. Position of the Respondent
24. On 6 June 2025, the Club filed its response and a counterclaim, which was deemed
incomplete by the FIFA administration.
25. The Club has failed to complete it within the prescribed deadline by the FIFA
administration. Therefore, only its submissions in answer to the Player’s claim will be
considered as per art. 18 par. 2 and art. 21 par. 2 of the January 2026 edition of the
Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules).
26. The Club raised that the Contract was subject to the General Conditions
27. The Club outlined a series of incidents involving the Player's repeated absences or lateness
to training sessions without valid justification:
i. From 22 to 26 January 2024, as well as on 2 and 6 February 2024: The Player missed
multiple training sessions, citing illness but failed to provide medical certificates or
consult the Club’s doctor.
ii. On 6,7 and 8 February 2024: Despite warnings, the Player continued to miss
sessions, arrived late, and skipped scheduled appointments with Club staff.
iii. On 20 February 2024: The Player arrived 35 mins late for training, and on 22
February 2024, he arrived late to training and missed a scheduled appointment with
the Club’s nutritionist.
iv. COVID-19 Incident: On 24 February 2024, the Player claimed illness and a positive
Covid test but was found to be in Basel accompanying family. A subsequent test by the
Club doctor returned negative, casting doubt on the Player's claims.
pg. 10
REF. FPSD-19016
28. The Club submitted that it issued the following notices to the Player:
- Oral reminders after the Player failed to attend training sessions in late January and
early February 2024, instructing him to provide medical certificates and consult the
Club’s doctor, which he allegedly not do.
- First notice of default on 6 February 2024, giving him 48 hours to meet with the Club’s
doctor or report to training immediately;
- First formal written warning on 9 February 2024 after further absences, explicitly
stating that continued non-compliance could result in immediate termination and
requesting that the Player send the Club a medical certificate justifying his absence,
consult the Club’s doctor before 13 February 2024 at 17:00, and, if the doctor deems
him able, return to training immediately.
- Second formal written warning on 22 February 2024, again warning of termination
for any further infractions.
29. The Club stated that the final incident occurred on 24 February 2024, when the Player
missed training mentioning that he had a migraine, but confirmed being in Basel, 3 hours
of drive away, to drop off his wife which was positive for COVID-19. The Club mentioned
that the Player infringed on his contractual obligations by not reporting to the Club’s doctor
and choosing instead to drive to Basel. The Club also challenged the Player’s motives as he
was deemed negative to COVID-19 following a test by the Club’s doctors upon his return
and stated that it was unreasonable for him to drive a 3-hour roundtrip to drop off sick
family members.
30. The Club alleged that it therefore had just cause to terminate the Player’s Contract on 27
February 2024 and stated that the Player had a negative balance towards the Club of
CHF 4,285 for various costs including hotels, game jerseys amongst other expenses.
31. The Club affirmed, based on various elements of Swiss Law, that it had just cause to
terminate the Contract as it send multiple warnings to the Player and clearly warned him
that he risked seeing his Contract terminated should he persist in his behavior.
32. In that sense, the Club raised that the Player missed several training sessions, between 22
and 26 January 2024 and between 2 and 6 February 2024 allegedly all for medical reasons,
without providing a medical certificate to the Club as per art. 14 of the General Conditions.
33. The Club argued that the notice of default and the subsequent warnings were sent to the
Player to warn him that he was in breach of his contractual obligations, but that he
persisted in his behavior throughout the month of February 2024, and that they all clearly
stipulated the consequences, yet that the Player continued breaching his contractual
obligations.
pg. 11
REF. FPSD-19016
34. The Club stated that the incident of 24 February 2024 occurred after three formal notices
had been sent to the Player and that therefore he was persisting in breaching his
contractual obligations, thus that the notice of termination sent on 27 February 2024
respected the principle of ultima ratio, and that they had a just cause to terminate the
Contract.
35. Regarding the removal of the Player from the “Contingent List”, the Club submitted that it
is not akin to deregistration of the Player, as it does not affect the eligibility of the Player to
participate in first team matches. They supported their position with an email from Mr.
March Juillerat, Chief Legal Officer of the Swiss Football League, of 6 June 2025 which read
as follows:
“Cher Me Zen-Ruffinen,
Je fais suite à votre demande relative à la pratique en matière de liste de contingent de
la SFL, je peux vous confirmer ce qui suit :
Pendant certaines périodes, les clubs de la SFL peuvent radier des joueurs de la liste de
leur contingent sur simple demande adressée à la SFL (aux conditions de l'art. 18 du
Règlement SFL la qualification des joueurs).
Le retrait d'un joueur de la liste de contingent n'affecte le droit de jouer du joueur en
question pour la 1ère équipe que si la liste de son club est pleine : si la liste n'est pas
pleine, un joueur ne figurant pas sur la liste de contingent peut parfaitement être aligné
avec la première équipe.
En pratique, après le match, la SFL le réinscrira d'office sur la liste du Club (art. 17 al. 1
du Règlement SFL sur la qualification des joueurs). Si la liste de contingent est pleine, le
Club a la possibilité, aux conditions du règlement, de retirer un autre nom pour remettre
le joueur concerné.
Il serait donc faux de prétendre que le retrait de la liste de contingent entraîne la perte
du droit de jouer. “
Freely translated to English
“Dear Mr. Zen-Ruffinen,
In response to your inquiry regarding the SFL contingent list practice, I can confirm the
following:
pg. 12
REF. FPSD-19016
During certain periods, SFL clubs may remove players from their contingent list upon
simple request to the SFL (under the conditions of art. 18 of the SFL Regulations the
qualification of players).
The removal of a player from the contingent list only affects the player's right to play for
the 1st team if his club's list is full: if the list is not full, a player who is not on the quota
list can perfectly be aligned with the first team.
In practice, after the match, the SFL will automatically re-register him on the Club's list
(Art. 17 para. 1 of the SFL Regulations on the qualification of players). If the list of
contingents is full, the Club has the possibility, under the conditions of the regulations,
to withdraw another name to put the player concerned.
It would therefore be wrong to claim that removal from the contingent list entails the
loss of the right to play. “
36. In that sense, the Club argued that its “Contingent List: was not full which meant that the
Player had always been eligible to participate in league matches, independent of his
presence on the list, and in any case, should the “Contingent List” had been full, the Club
raised that it had the possibility to remove another player from that list to register the
Claimant.
37. In addition, the Club raised that it continued to pay the Player’s salary, allowed him to be
part of the first team environment, and that the Player never sent a notice to the Club
requesting his reintegration within the first team.
38. The Club asserted that should the Football Tribunal consider that the Player’s Contract was
terminated without just cause, his compensation would have to be mitigated as he signed
a new employment contract with CSM Politehnica IASI, before the expiry date of the
Contract which was set to 30 June 2025.
39. The Club therefore made the following requests for relief, quoted verbatim:
‘’Au vu de ce qui précède, plaise à votre autorité:
1. Rejeter la réclamation en paiement de de Samuel Oum Gouet du 24 avril 2025;
2. Condamner Samuel Oum Gouet à payer CHF 4'285.10 à Yverdon Sport SA
3. Mettre les frais de la procédure à la charge du Joueur et condamner ce dernier à payer
au Club une équitable indemnité dépens ‘’
Freely Translated to English
pg. 13
REF. FPSD-19016
‘'In view of the foregoing, please your authority:
1. Reject Samuel Oum Gouet's claim for payment dated April 24, 2025;
2. Order Samuel Oum Gouet to pay CHF 4,285.10 to Yverdon Sport SA
3. To order the Player to pay the costs of the proceedings and order the latter to pay the
Club fair compensation for costs‘’
c. Information received from the Swiss Football Association
40. On 16 October 2025, the FIFA general secretariat requested information from the Swiss
Football Association, which confirmed on 17 October 2025, that the Player was registered
with the Club from 28 July 2023 until he was transferred on 2 August 2024 to a Romanian
club.
pg. 14
REF. FPSD-19016
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
41. 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 24 April 2025 and submitted for decision on
27 January 2026. Taking into account the wording of arts. 31 and 34 of the Procedural Rules,
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
42. 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 a Swiss club.
43. 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
44. 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
45. 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. 15
REF. FPSD-19016
i. Main legal discussion and considerations
46. The Chamber then moved to the substance of the matter and took note of the fact that the
parties strongly dispute whether the Club had just cause to terminate the Contract.
47. The Player affirmed that the Club terminated his contract without just cause by removing
him from their "Contingent List" therefore preventing him from playing in professional
matches, which he alleged was akin to deregistration. The Player implicitly submitted that
the Club also failed to pay him his salary for the month of February 2024.
48. On the contrary, the Club contented that the removal of the Player from the "Contingent
List" did not prevent him from playing in official matches, and that it terminated the
Contract, on 27 February 2024, after the Player received one reminder and two notices of
warning for his behaviour, and that he kept on missing training sessions.
49. In that sense, the DRC’s task is to first establish when the termination of the Contract
occurred, if it occurred with or without just cause and assess the consequences thereof.
Termination of Contract
(i) When did the Termination of Contract occurred?
50. The Player submitted that his removal of the “Contingent List”, is akin to deregistration and
thus prevented him from participating in official matches. Therefore, the termination of the
Contract occurred without just cause, on 22 January 2024.
51. The Chamber noted that the Player did not provide explanation as to why and how his
removal from the “Contingent List” amounted to deregistration. In absence of an
explanation and after careful review of the evidence on file, the Chamber considered that
the Player did not discharge his burden of proof under art. 13 par. 5 of the Procedural Rules
that his removal from the “Contingent List” amounted to deregistration.
52. Notwithstanding the above, the Chamber recalled that as per the jurisprudence of the
Football Tribunal in any case deregistration is not akin to termination of contract, rather it
opens the possibility for a player to terminate his contract with just cause should it be
demonstrated that he was deregistered. This is reflected at p. 137 of the 2023 Edition of
the Commentary on the Regulations (hereinafter: the Commentary) which states “In line with
the well-established approach of the DRC, a 2014 award confirmed that the deregistration of a
player to participate in a national championship entitles the player to unilaterally terminate
their contract with just cause, with no requirement to send a default notice to the club”.
53. In the present case, in absence of any termination notice from the Player, and as per the
information provided by the Swiss FA to the effect that the Player was not deregistered
until 2 August 2024, and the information provided from the Swiss Super League regarding
pg. 16
REF. FPSD-19016
the “Contingent List”, the Chamber deemed that it could not be constructed that the
termination of the Contract occurred on 22 January 2024 by the removal of the Player from
the “Contingent List”.
54. Furthermore, the Chamber noted that the Player’s allegation as to the Contract having
been terminated on 22 January 2024, was unsubstantiated and that the Player did not
provide evidence of communication with the Club in which he terminated his Contract or
complained that the Club had terminated the Contract. To the contrary, the Chamber
observed from the Player`s behaviour in February 2024, (i.e. maintaining communication
with the Club, answering the warning notices, sporadically showing up to training albeit
late, attending meetings with Club personnel sporadically, and completing a COVID-19 test
at the Club’s request), that he did not act as if the Contract had been terminated on 22
January 2024.
55. Further evidence of this contradiction was found the Player’s notice of default of 29 April
2024, in which he requested that interest be paid on the compensation as from 28 February
2024, the day following the termination of the Contract by the Club and requesting his
salary of February 2024. This despite alleging that the Club had terminated his Contract by
removing him from the “Contingent List”.
56. In light of the above, and after careful review of the parties’ submissions, of the evidence
on file and considering the timeline of the events, the Chamber determined that the
Contract was terminated by the Club on 27 February 2024 when it sent the Player a
termination notice.
(ii) Did the termination occurred with or without just cause?
57. Following this determination, the Chamber moved to its assessment of whether the Club
terminated the Player’s Contract with or without just cause.
58. Before entering in its analysis of the present situation, the Chamber recalled the wording
of art. 14 of the Regulations which provides, quoted verbatim:
“14. Terminating a contract with just cause
1. A contract may be terminated by either party without consequences of any kind (either
payment of compensation or imposition of sporting sanctions) where there is just cause.
In general, just cause shall exist in any circumstance in which a party can no longer
reasonably and in good faith be expected to continue a contractual relationship.
2. Any abusive conduct of a party aiming at forcing the counterparty to terminate or
change the terms of the contract shall entitle the counterparty (a player or a club) to
terminate the contract with just cause.”
pg. 17
REF. FPSD-19016
59. The Chamber observed that the Club terminated the Player’s Contract, on 27 February
2024, citing multiple breaches by the Player of his contractual obligations.
1) his failure to attend training between 22 to 26 January 2024 without justification;
2) his failure to attend training session on 2 and 6 February 2024 without justification;
3) his absence to meetings, lateness at training between 6,7 and 8 February 2024;
4) his 35-minute lateness to a training session on 20 February 2024;
5) his missed meeting on 22 February; and
6) the COVID-19 incident of 24 February 2024 in which the Player was in Basel instead
at the Club’s training session, alleging that he had COVID-19, when a test conducted
by the Club was negative.
60. The Chamber observed that the Club has submitted, and evidenced, having sent the Player
multiple notices informing him that his behaviour was unacceptable and informing him
that he could be terminated:
1) First notice of default on 6 February 2024, giving him 48 hours to meet with the
Club’s doctor or report to training immediately;
2) First formal written warning on 9 February after further absences, explicitly stating
that continued non-compliance could result in immediate termination and
requesting that the Player send the Club a medical certificate justifying his absence,
consult the Club’s doctor before 13 February 2024 at 17:00, and, if the doctor deems
him able, return to training immediately; and
3) Second formal written warning on 22 February 2024, again warning of termination
for any further infractions.
61. The Chamber also noted that in his initial statement of claim, the Player confirmed having
received these notices, but that he dismissed the allegations contained in them stating:
“Ces absences sont catégoriquement contestées. En outre, on constate que toutes les
prétendues absences sont postérieures à la date de radiation du Joueur de la liste des
contingents par Yverdon”.
Freely translated to English
"These absences are categorically contested. In addition, it is noted that all the alleged
absences are subsequent to the date of the Player's removal from the list of contingents
pg. 18
REF. FPSD-19016
by Yverdon"
62. Although the Player acknowledged receiving the Club’s notices, the Chamber highlighted
that he failed to provide any justification or evidence demonstrating why the information
contained in them was incorrect or how, contrary to what was stated, he had in fact fulfilled
his contractual obligations.
63. The Chamber also observed that on 9 February 2025, the Player answered the Club’s first
warning letter stating that he had a meeting with the Club’s physiotherapist and
acknowledged receipt of the second warning letter.
64. The Chamber also highlighted that in WhatsApp conversations between the Player and
representatives of the Club, the Player admitted to two representatives of the Club that he
did not attend training, because he had a positive COVID-19 test in his family, but when
asked to meet with the Club’s doctors to perform a test, he also admitted to having driven,
to Basel about 3 hours away outside of the home city of the Club, on the same day. The
Chamber found particularly important that in a subsequent conversation, again on the
same day, the Player confirmed that the COVID-19 test performed by the Club was
negative.
65. In light of these events of that day, the Chamber observed that the Player had not changed
his behaviour despite multiple notices. In that sense, the Chamber determined that the
Club terminated the Player’s Contract as an ultima ratio measure, after three prior notices,
in which the Player was reminded to change his behaviour otherwise he would see his
contract terminated.
66. Consequently, the Chamber found that the Club had just cause to terminate the Player’s
contract on 27 February 2024 and rejected the claim for compensation filed by the Player.
67. The Chamber also recalled that since the Club had withdrawn its counterclaim; by not
completing it within the prescribed deadline, no compensation could be awarded to the
Club.
Outstanding Remuneration
68. The Chamber then moved the Player’s allegation that the Club failed to pay him his salary
of February 2024, which he included in his request for compensation
69. In accordance with the Football Tribunal’s longstanding jurisprudence and the Regulations,
once a player alleges that salaries are unpaid and he has demonstrated that he has a
contract with a club, the burden of proof is reversed, and it is up to the club to demonstrate
that it has indeed paid the salaries according to the provisions of the contract.
pg. 19
REF. FPSD-19016
70. In support of his answer to the claim, the Club has provided a salary slip for February 2024
in which it is mentioned that the Player had negative remuneration for that month, as a
deduction of CHF 12,384.24 had been applied for “hotel stay”.
71. However, the Club did not provide any evidence of incurring such costs, nor provided an
explanation as to why such a deduction was applied, nor explained why the payslip did not
provide the Player with the contractually agreed monthly salary of CHF 12,500 net as per
art. 4 of the Contract, whether in full or pro-rated to the 27 days worked by the Player in
February 2024.
72. The Chamber also observed that while the Player’s behaviour was contrary to his
contractual obligations during that month, he remained under contract with the Club and
performed certain of his obligations as he trained, albeit sporadically, attended some
meetings and completed a COVID-19 test at the request of the Club. The Chamber further
highlighted that the Contract specifically prevented the Club from fining him, even more so
to withhold his salary.
73. In that sense, the Chamber determined that the Club did not discharge its burden of proof
under art. 13 par. 5 of the Procedural Rules that the salary of February 2024 was indeed
paid, or that the withholding was justified.
74. Consequently, the Chamber decided to award the Player CHF 11,637.93 net ((CHF 12,500
net divided by 29 days of February 2024) times 27 days worked), as per the principle of
pacta sunt servanda.
75. As per the longstanding practice of the Football Tribunal coupled with the specific request
for relief of the Player, the Chamber awarded interest at a rate of 5% p.a over this amount.
In absence of a specific payment schedule in the Contract, the Chamber decided to follow
the longstanding practice of the Football Tribunal and awarded the interest as from the
date at which the salary became overdue, i.e. the first day of the following month, namely
1 March 2024.
ii. Compliance with monetary decisions
76. 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.
77. 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
pg. 20
REF. FPSD-19016
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
78. 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.
79. 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.
80. 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
81. 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.
82. 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.
83. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 21
REF. FPSD-19016
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Samuel Yves Oum Gouet, is partially accepted.
2.
The Respondent, Yverdon Sport FC, must pay to the Claimant the following amount(s):
- CHF 11,637.93 net as outstanding remuneration plus 5% interest p.a. as from 1 March
2024 until the date of effective payment;
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-19016
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. 23