Labour Disputes
Texto da decisão
REF. FPSD-19569
Decision of the
Dispute Resolution Chamber
passed on 10 October 2025
regarding an employment-related dispute concerning the player
Kwame Bonsu
BY:
Dana MOHAMED AL-NOAIMI (Qatar)
CLAIMANT:
Kwame Bonsu, Ghana
Represented by Slim Boulasnem
RESPONDENT:
Al Ain FC, Saudi Arabia
pg. 2
REF. FPSD-19569
I. Facts of the case
1.
On 23 August 2024, the Ghanaian player, Kwame Bonsu (hereinafter: the Player or the
Claimant), and the Saudi club, Al Ain (hereinafter: the Club or the Respondent) entered into
an employment contract (hereinafter: the Contract) valid as from 22 August 2024 until 21
July 2025.
2.
Art. 5 of the Contract provided, quoted verbatim:
“Article 5. Remuneration
5.1. Fixed monthly remuneration
The Club shall pay the following fixed monthly remuneration to the Player (net of any
taxes, bank fees and foreign exchange charges):
Payment type
Currency
Amount
Monthly Salary 22/08/2024 TO
21/07/2025
6363$
Total contract number
70000 $
USA
DOLLAR
The Club shall pay to the Player each monthly salary payment by the last day of each
month for a total of [TOTAl. NUMBER OF MONTHS AS PER ART. 4.1].
5.2 Fixed financial payments
The Club shall pay the following fixed financial payments to the Player (net of any taxes,
bank fees and foreign exchange charges):
Payment
type
—
Currency
Amount
Payment
deadline
—
pg. 3
REF. FPSD-19569
5.3 Conditional financial payments
The Club shall, upon satisfaction by the Player of the condition(s) specified in this
section, pay the following remuneration to the Player (net of any taxes, bank fees and
foreign exchange charges) within 30 days of the satisfaction by the Player of the
respective condition”
Payment
type
Reward
3.
Currency
USA
DOLLAR
Amount
10000$
Condition to be
met
If the player
participated in
25 basic
matches in the
league
Art. 12 par. 1 and par. 2 of the Contract provided, quoted verbatim:
“Article 12. Termination
1. In the case of the Club unlawfully failing to pay the Player at least two monthly salaries
on their due dates, the Player will be deemed to have a just cause to terminate this
Contract, provided that he has put the Club in default in writing and has granted a
deadline of at least 15 days for the Club to fully comply with its financial obligation(s).
2. If either Party terminates the Contract with just cause, following amount will have to be
paid: (Two months' salary). If there is no agreement on the amount, compensation for
breach of contract is payable in accordance with Art. 17 of the FIFA Regulations.”
4.
On 18 May 2025, the Club presented the Player with a document entitled “Financial
Entitlements” acknowledging that it had outstanding remuneration towards the Player for
the salaries of February, March, April and May 2025 and that it would owe the Player
salaries for June and July 2025. Moreover, the Club submitted that from that outstanding
amount a deduction for a “traffic violation” should be applied in the amount of SAR 3,200.
5.
On 23 May 2025, the Player, through his legal representative, sent a notice of default, via
email, to the Club claiming that it had outstanding remuneration for the months of
February, March and April 2025 (3 months x USD 6,363) under art. 5.1. of the Contract and
USD 10,000 as a bonus under art. 5.3. of the Contract, for a total of USD 29,089. The Player
granted the Club a 15-day time limit to remedy its default by paying the requested amount
and stating that he might terminate the Contract in case the requested amounts were not
paid.
6.
On 11 June 2025, the Player, through his legal representative, terminated his Contract by
sending a termination letter via email to the Club.
pg. 4
REF. FPSD-19569
II. Proceedings before FIFA
7.
On 12 June 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Claimant
8.
The Player submitted that the Club failed to pay him his salaries for the months of February,
March, April and May 2025 for a total value outstanding of USD 25,452 (4 months x USD
6,363) as well as a bonus of USD 10,000 due on 1 June 2025, under art. 5.3. of the Contract,
as he participated in more than 25 games during the season.
9.
The Player affirmed having sent a notice of default to the Club, on 23 May 2025 in which he
stated that he had 3 monthly salaries outstanding in addition to the bonus that was also
outstanding, and he granted the Club 15 days to remedy its default.
10. The Player claimed that the Club has not answered his notice of default, nor proceeded to
the payment of the requested amounts within the prescribed time limit.
11. In that sense, the Player stated that he terminated his Contract with just cause, on 11 June
2025.
12. The Claimant’s requests for relief, were the following, quoted verbatim:
“1. Nous vous demandons respectueusement à obliger le club à payer les sommes suivantes :
A/Arriérés
Étant donné que le joueur n’a pas reçu les montants suivants :
- USD 6363 salaire du mois de février 2025 plus 5% d’intérêts p.a. à partir du 1 mars 2025
- USD 6363 salaire du mois de mars 2025 plus 5% d’intérêts p.a. à partir du 1 avril 2025
- USD 6363 salaire du mois d’avril 2025 plus 5% d’intérêts p.a. à partir du 1 mai 2025
- USD 6363 salaire du mois de mai 2025 plus 5% d’intérêts p.a. à partir du 1 juin 2025
- USD 10000 Bonus en cas de participation à plus 25 matchs plus 5% d’intérêts p.a. à partir du
1 juin 2025
B/Valeur résiduelle 12726 USD
La valeur résiduelle s’élève à 12 726 USD auxquels s’ajoutent 5% d’intérêts p.a. à compter de la
date de résiliation le 10 juin 2025, représentant les paiements suivants :
pg. 5
REF. FPSD-19569
- USD 6363 salaire du mois de juin 2025
- USD 6363 salaire du mois de juillet 2025“
Freely translated to English
" 1. We respectfully request that you require the club to pay the following amounts:
Late payment
Since the player has not received the following amounts:
- Salary of USD6,363 for the month of February 2025 plus 5% annual interest as of March 1,
2025
- Salary of USD6,363 for the month of March 2025 plus 5% annual interest as of April 1, 2025
- USD6,363 in salary for the month of April 2025 plus 5% annual interest as of May 1, 2025
- Salary of USD 6,363 for the month of May 2025 plus 5% annual interest as of June 1, 2025
- USD 10,000 bonus for playing more than 25 matches plus 5% annual interest from June 1,
2025
B/Residual value 12726 USD
The residual value is USD 12,726 plus 5% annual interest from the termination date of June 10,
2025, representing the following payments:
- Salary of USD 6,363 for the month of June 2025
- Salary of USD 6,363 for the month of July 2025"
b. Position of the Respondent
13. Despite being invited to do so, the Club failed to reply to the claim.
pg. 6
REF. FPSD-19569
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether she was competent to deal with the case at hand. In this respect, she
took note that the present matter was presented to FIFA on 12 June 2025 and submitted
for decision on 10 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.
15. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), she is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between an Ghanian player and a Saudi
club.
16. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she 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
17. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which she 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
18. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
pg. 7
REF. FPSD-19569
i. Main legal discussion and considerations
19. The Single Judge then moved to the substance of the matter and took note of the fact that
the Player alleged that the Club failed to pay him his remuneration for the months of
February to May 2025 and therefore claimed that he terminated his contract with just cause
in accordance with art. 14bis of the Regulations.
20. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled, and assess the consequences thereof.
21. First and foremost, the Single Judge noted that, since the Club did not file an answer to the
present claim, her decision would be based upon the documentation on file, that is, the
argumentation and evidence filed by the Player in line with art. 14 par. 1 and 21, par. 1 of
the Procedural Rules.
22. The Single Judge 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 obligations.
23. The Single Judge noted that the Claimant claimed not having received his remuneration
corresponding to salaries of February, March, April and May 2025, as well as bonus
remuneration. Furthermore, the Single Judge noted that the Claimant has provided written
evidence of having put the Respondent in default on 23 May 2025, i.e. at least 15 days
before unilaterally terminating the Contract on 11 June 2025.
24. The Single Judge also noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, as the Respondent did not reply to the present claim, it did not
discharge its burden of proof of demonstrating that these amounts were paid.
25. Thus, the Single Judge concluded that the Claimant had just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations.
ii. Consequences
26. Having established the above, the Single Judge moved on to the analysis of the
consequences of the breach of contract committed by the Club.
27. The Single Judge observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the player, is equivalent to 4 monthly salaries
pg. 8
REF. FPSD-19569
under the contract (February, March, April and May 2025), amounting to USD 25,452, in
addition to a performance bonus of USD 10,000.
28. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts
which were outstanding under the Contract at the moment of the termination,
i.e. USD 35,452 (i.e. 4 times USD 6,363, plus USD 10,000).
29. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Football Tribunal in this regard, the Single Judge decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as from the first day of the
following month until the date of effective payment, for monthly salaries, and as from 1
June 2025 for the bonus. The interest was thus awarded as follows:
- 5% interest p.a. over the amount of USD 6,363 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 6,363 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 6,363 as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of USD 16,363 as from 1 June 2025 until the date of
effective payment.
30. Having stated the above, the Single Judge turned to the calculation of the amount of
compensation payable by the Respondent in the case at stake. In doing so, the Single Judge
firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount
of compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, taking into account the 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.
31. In application of the relevant provision, the Single Judge held that she 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
them in the event of breach of contract. In this regard, the Single Judge noted that art. 12.2
of the Contract did provide that the either party would receive two monthly salary as
compensation in case of termination by the other, but that the same clause added “if there
is no agreement on the amount, compensation for breach of contract is payable in accordance
with Art. 17 of the FIFA Regulations”. The Single Judge considered the clause ambiguous,
contradictory and lacked clarity, in that sense, she decided not to enforce it.
pg. 9
REF. FPSD-19569
32. As a consequence, the Single Judge determined that the amount of compensation payable
by the Club to the Player had to be assessed in application of the other parameters set out
in art. 17, par. 1 of the Regulations. In this respect, the Single Judge recalled that, as a
general rule, the compensation to be paid to the player by the club shall be equal to the
residual value of the contract that was prematurely terminated, unless the player signed a
new contract following the termination of his previous contract (cf. art. 17 par. 1 lit. i) of the
Regulations).
33. Bearing in mind the foregoing as well as the claim of the Claimant, the Single Judge
proceeded with the calculation of the monies payable to the Claimant under the terms of
the Contract from the date of its unilateral termination until its end date. Consequently,
the Single Judge concluded that the amount of USD 10,673.42 (i.e., the full monthly salary
of June 2025 plus the prorated salary of the 21 days of July 2025) serves as the basis for the
determination of the amount of compensation for breach of contract.
34. In continuation, the Single Judge verified as to whether the Claimant had signed an
employment contract with another club during the relevant period of time, by means of
which he would have been enabled to reduce his loss of income. According to the constant
practice of the Football Tribunal as well as art. 17 par. 1 lit. ii) of the Regulations, such
remuneration under a new employment contract shall be taken into account in the
calculation of the amount of compensation for breach of contract in connection with the
player’s general obligation to mitigate his damages.
35. As the Player did not sign a new employment contract before the end date of the Contract,
the Single Judge determined that he did not mitigate his damages. On account of all the
above-mentioned considerations and the specificities of the case at hand, the Single Judge
decided that the Respondent must pay the amount of USD 10,673.42 to the Claimant,
which was to be considered a reasonable and justified amount of compensation for breach
of contract in the present matter.
36. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Single Judge decided to award the Claimant interest
on said compensation at the rate of 5% p.a. as of 11 June 2025 until the date of effective
payment.
iii. Compliance with monetary decisions
37. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24
par. 1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
38. In this regard, the Single Judge highlighted that, against clubs, the consequence of the
failure to pay the relevant amounts in due time shall consist of a ban from registering any
pg. 10
REF. FPSD-19569
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.
39. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must
pay the full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
40. 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.
41. The Single Judge recalled that the above-mentioned ban will be lifted immediately and prior
to its complete serving upon payment of the due amounts, in accordance with art. 24 par.
8 of the Regulations.
d. Costs
42. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
43. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
44. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 11
REF. FPSD-19569
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Kwame Bonsu, is partially accepted.
2.
The Respondent, Al Ain FC, must pay to the Claimant the following amounts:
- USD 35,452 as outstanding remuneration plus 5% interest p.a. as follows:
- 5% interest p.a. over the amount of USD 6,363 as from 1 March 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 6,363 as from 1 April 2025 until the date of
effective payment;
- 5% interest p.a. over the amount of USD 6,363 as from 1 May 2025 until the date of
effective payment; and
- 5% interest p.a. over the amount of USD 16,363 as from 1 June 2025 until the date of
effective payment.
- USD 10,673.42 as compensation for breach of contract plus 5% interest p.a. as from 11
June 2025 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made within 45 days of notification of this decision,
the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid. The maximum duration of the ban shall
be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee
in the event that full payment (including all applicable interest) is still not made by the
end of the three entire and consecutive registration periods.
6.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
pg. 12
REF. FPSD-19569
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-19569
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. 14