Labour Disputes
Texto da decisão
REF. FPSD-19939
Decision of the
Dispute Resolution Chamber
passed on 20 March 2026
regarding an employment-related dispute concerning the player Joash
Onyango Achieng
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Johan VAN GAALEN (South Africa), Member
Calum BEATTIE (Scotland), Member
CLAIMANT:
Joash Onyango Achieng, Kenya
Represented by Raphael Omalla
RESPONDENT:
Singida Black Stars, Tanzania
pg. 2
REF. FPSD-19939
I. Facts of the case
1.
On an unspecified day during the year 2024, the Kenyan player, Joash Onyango Achieng
(hereinafter: the Player or the Claimant) and the Tanzanian club, Singida Black Stars
(hereinafter: the Club or the Respondent) allegedly entered into an employment contract
(hereinafter: the Alleged Contract) valid for “two season and six months (two years and six
months) from the date of signing this contract, provided that the same may be renewed or
extended subject to the absolute discretion of the employer and the club.”
2.
According to art. 1 of the Alleged Contract “That effectively from this…day of…2024, in a
consideration of One hundred thousand dollars only (USD 100,000), at the time of signing this
Contract fifty thousand (USD 50,000) will be paid at the end of June 2024 of this contract known
as SIGNING FEE and the player has agreed to sign, player and offer other related services to the
CLUB.
The Net Salary shall be three thousand USD only (3000) hereinafter to be known as MONTHLY
SALARY, the Player has agreed to sign, player and offer other related services to the CLUB. The
salary will be increased if the players performance will be satisfy technical bench and
management.
There shall be SIX MONTH of Evaluation of Performance off which the said NET Salary (in Art. 1
(2) above) can be reduced to lower amount if upon the finish of SIX MONTHS of EVALUATION OF
PERFORMANCE from the day of signing this contract it shall be found that the performance of
the player has dropped.
The agreement on contract of services between the player and the club shall be valid for the
duration of two Season and six months (two years and six months) from the date of singing this
contract, provided that the same may be renewed or extended subject to the absolute discretion
of the employer and the club, the player is not allowed to institute the case in FIFA if he is still
under contract doing so he terminate his own contract.”
3.
Art. 3 of the Contract stated as follows:
1. “Respecting the principle that none can prevail from his own faulty behavior, each of
the parties can immediately and permanently terminate the contract for just courses.
2. The following are notably considered as just courses on the side of player:
i. When a club fail to pay salary for more than two consecutive months.
ii. When a player is able to buyout his contract at the value of USD 400,000$
(FOUR HUNDRED THOUSAND USD ONLY).
iii. When a club is declared bankruptcy by a competent organization.
iv. The player may mutually terminate this contract by giving a notice of three
months or pay full salary in lieu of notice to IHEFU FC. Whichever the case
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REF. FPSD-19939
and his age notwithstanding, he shall also pay compensation fees as shall
be agreed between the player and the club. In working out the
compensation fees, the club shall consider the duration he has been with
the club, role in the club the signing fees he was paid at the time he joined
the club, the transfer and compensation fees paid to his previous club
among other factors.
v. The Contract may also terminate on proof of just cause and/or sporting
just cause whichever the case; the player shall give a notice of three months
or pay the club three-month salary in lieu of notice. In applying this clause,
the player shall state clearly the cause that informed his decision to
terminate the contract.”
4.
On 9 January 2024, the Player, the Club and the Tanzanian club Simba Sports Club
(hereinafter: Simba) signed a loan agreement (hereinafter: the First Loan Agreement) for the
transfer of the player on loan from Simba to the Club valid for six months starting from 15
January 2024.
5.
According to its clause 3, during the loan period, the Club undertook to assume the
following obligations from Simba:
-
Paying the Player’s monthly salary in full;
Player’s full participation in and time off from training, training camps, and
matches;
Player’s treatment, etc.
6.
According to its clause 6, “This Contract shall be governed by and interpreted in accordance
with the laws of the United Republic of Tanzania, Tanzania Football Federation (TFF), and the
FIFA Regulations. Any and all disputes arising out of or in connection with this Contract, will be
submitted to TFF legal and judicial bodies with an appeal before CAS at Lausanne.”
7.
On 22 July 2024, the Player, the Club and the Tanzanian club, Jiji Football Club (hereinafter:
Jiji) signed a loan agreement (hereinafter: the Second Loan Agreement) for the transfer of the
player on loan from the Club to Jiji valid as from 1 July 2024 until 30 June 2025.
8.
According to clause 3 of the Second Loan Agreement, Jiji declared that it would assume the
Club’s rights and obligations under the Player’s Contract with the Club including but not
limited to:
“i. Jiji will pay the player’s monthly salary of USD 1,500 and [the Club] will pay USD 1,500;
ii. Player’s full participation in and time off from training, training camps, and matches,
iii. Player’s treatment, etc.
iv. [the Club] will pay the remaining balance of signing fee within first four months of the
loan.”
pg. 4
REF. FPSD-19939
9.
According to clause 4 of the Second Loan Agreement, the parties agreed that “This Contract
shall be governed by and interpreted in accordance with the laws of the United Republic of
Tanzania, Tanzania Football Federation (TFF), and the FIFA Regulations. Any and all disputes
arising out of or in connection with this Contract will be submitted to TFF legal and judicial
bodies with an appeal before CAS at Lausanne.”
10. According to TMS, on 27 August 2025, the Player, the Club and the Kenyan club Kenya Police
FC (hereinafter: Kenya Police) entered into a loan agreement (hereinafter: the Third Loan
Agreement) valid until the end of the 2025/2026 season.
11. According to clause 4 of the Third Loan Agreement, Kenya Police was responsible for partial
payment of salary, and the payment was entitled to receive a monthly salary of USD 1,500.
12. On 20 September 2024, the Player sent a default notice to the Club and stated the
following:
“The terms of the contract were as follows:
• The Contract runs for 2 seasons and 6 months or its equivalent of 2 years and 6 months
from the date of execution and may be extended at the sole discretion of the club.
We are informed that as an express term of Article 1 of the contract, you undertook to pay
our client in the following manner:
• A signing fee of One hundred thousand dollars only (USD 100,000$), of which fifty thousand
dollars (USD 50,000 $) was due at the time of signing of the contract and the remaining
balance of fifty thousand dollars (USD 50,000 $) was due at the end of June 2024.
• A net monthly salary of Three Thousand Dollars (USD 3000$) which would be increased upon
performance review by the technical bench.
We are now informed that in blatant breach of the express terms of clause 1 of the
employment contract, you have failed to pay our client his salaries and signing on fees in full.
We are informed that our client only received half of his signing on fees and is yet to receive
the balance of his signing on fees of 50,000 USD which was due and owing by no later than
30th June 2024.
Further, we are regrettably informed that our client is yet to receive his salaries for the months
of June and July 2024
[…]
In the foregoing premises, we are instructed to DEMAND from you, which we hereby do the
immediate payment of our client’s salary in full for the months of June and July 2024 as well
pg. 5
REF. FPSD-19939
as the balance of his signing on fees all amounting to FIFTY SIX THOUSAND UNITED STATES
DOLLARS (56,000$).
TAKE NOTICE that unless our client receives the aforementioned demanded instruments,
within 15 days of your receipt of this letter, our client reserves his right to approach the FIFA
FOOTBALL TRIBUNAL and invoke his rights to the overdue payables under ARTICLE 12bis
and/or Article 14bis of the FIFA RSTP please note.”
13. On 1 April 2025, the Player requested the Club to provide him with a copy of his
employment contract.
14. On the same day, the Club acknowledged receipt of the Player’s request and informed that
it has been forwarded to the relevant department for consideration.
15. On 24 April 2025, the Player sent a reminder to the Club.
II. Proceedings before FIFA
16. On 15 July 2025, the Claimant filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
17. The Player lodged the present claim with FIFA for breach of contract and outstanding
payments.
18. The Player firstly addressed that the Club has not replied to his evidentiary request for
providing the executed copy of the Contract. In this regard, the Player made a formal
evidentiary request in his claim and requested the following:
“At this stage, the Claimant will be making an evidentiary request for the Respondent to produce
a copy of the contract signed by both parties as supported in the annexed application to this
claim titled.”
19. In addition, the Player argued that the Club breached the Contract by failing to pay him his
salaries of June and July 2024 as well as the balance of the signing fee that fell due in June
2024.
20. In view of the above, the Club requested the following relief:
“1. To fully accept the present Claim.
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REF. FPSD-19939
2. To condemn the Respondent to pay to Mr. Joash Achieng Onyango the net amount of 56,000
USD plus 5% interest from the effective date of payment until payment in full on all
outstanding dues, as particularized hereunder:
• Salary for the month of June 2024 Three Thousand Dollars (USD 3000$)
• Salary for the month of July 2024 Three Thousand Dollars (USD 3000$)
• Balance of the sign on fees due by end of June 2024 Fifty Thousand Dollars (USD 50,000 $).”
b. Reply of the Respondent
21. In its reply, the Club argued that it signed the Player on loan from Simba in January 2024
and paid him USD 50,000 “as an inducement to join our club and not signing fees after his
contract with Simba expired.”
22. In addition, the Club argued that it agreed “with the Player in a formal way that it would pay
him the same salary that he was being paid by Simba and the player accepted and not by
agreement on signing fees. The club accepts the debt of wages that were not paid after he was
given on loan Dodoma Jiji fc and Kenya Police FC because after the contract was signed, the
player agreed to served [the Club] officially by receiving only a salary and nothing else.”
23. The Club argued that it was very surprised to see that the Player requesting payments
arising from “a paper called contract that was not signed and was not used anywhere, so it
should not be a reference in this case.” The Club also alleged that the Player did not clarify
when the “paper he called contract when was signed”. Furthermore, the Club attempted to
make a point concerning the Player’s loan to Simba, suggesting that he had been loaned to
two different clubs. However, the submission was unclear, and it remained uncertain what
point the Club intended to make.
24. Nevertheless, the Club acknowledged that the amount of USD 15,000 corresponded to his
unpaid salary from when he was on loan (not specified which loan).
25. Finally, the Club requested the following relief, quoted verbatim:
“I. The club request this commission to accept our replay.
II. Club is insisting the commission not to consider on the evidence provided by the respondent
which is lacking the quality of evidence.
III. Club will pay the player amount of USD 15,000 which is real claimed by the respondents
and not any other claim.
IV. Commission to declare that the player has no contract with the club.”
pg. 7
REF. FPSD-19939
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
26. 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 15 July 2025 and submitted for decision on
19 March 2026. Taking into account the wording of arts. 32 and 35 of the January 2026
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.
27. 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 Kenyan player and a Tanzanian club.
28. 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
29. 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
30. 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. 8
REF. FPSD-19939
i. Main legal discussion and considerations
31. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute which contract governed the parties’ employment relationship.
32. In this context, the Chamber acknowledged that its task was to determine which contract
governed the employment relationship and determine the consequences thereof.
33. Before entering into the analysis of the merits of the case, the Chamber wished to provide
an overview of the contracts signed by the Player.
Contract
Date
Parties
Duration
Simba
Employment
Contract
First Loan
Agreement
(From Simba to
the Club)
14 August 2020
Player and
Simba
2 years
9 January 2024
Player, Club,
Simba
9 January 2024
to 9 June 2024
The Alleged
Contract
Allegedly 15
January 2024
Player and Club
2 years and 6
months
Second Loan
Agreement
(From the Club
to Jiji)
22 July 2024
Player, Club, Jiji
22 July 2024 to
30 June 2025
Third Loan
Agreement
(From the Club
to Police)
27 August 2025
Player, Club,
Police
27 August 2025
to 27 August
2026
Salaries
The Club would
cover the
Player’s salary
as agreed with
Simba
USD 100,000
sign on fee
USD 3,000
monthly
Jiji would cover
USD 1,500 of
the Player’s
salary and the
Club USD 1,500
Police would
pay a monthly
salary of USD
1,500
34. In addition, the Chamber recalled the following undisputed facts:
-
The Player and the Club had an employment relationship;
-
The Player received the amount of USD 50,000 (the concept of the payment is
disputed); and
-
The Club acknowledged that the amount of USD 15,000 remains outstanding.
35. Having established the above, the Chamber noted that the Player requested outstanding
amounts arising from a contract allegedly concluded on 15 January 2024 between the Club
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REF. FPSD-19939
and himself. Specifically, the Player requested the salary of the months of June and July
2024 of USD 3,000 each and the balance of the sign-on fee of USD 50,000. Therefore, the
amounts requested for the salary would roughly correspond to the period between the
First and Second Loan.
36. The Chamber noted that on the other hand, the Club disputed the validity of the Alleged
Contract as it is not signed nor completed.
37. The Chamber observed that the Alleged Contract does not contain any signature or dates,
and it is completely empty. In addition, the Player did not provide any evidence that would
indicate that the terms of the contract had been accepted as for example an offer letter,
email correspondences, proof of payments showing compliance with the financial terms of
the contract or any other piece of evidence demonstrating that the employment
relationship of the parties was governed by the Alleged Contract.
38. In this regard, the Chamber recalled that based on the established jurisprudence of the
DRC, in order for an employment contract to be considered valid and binding, in addition
to the consent of the employer and the employee, it must contain the essential elements
(essentiala negotii) of an employment contract, i.e. the parties to the contract and their
function, the duration of the employment relationship, the remuneration to be paid by the
employer to the employee and the mutual intention to be bound by the terms of the said
contract.
39. In the case at hand, the Chamber noted that the Alleged Contract does not contain
signatures or start or end date. Furthermore, the Player has failed to submit any evidence
demonstrating that the parties accepted the terms or intended to be bound by the Alleged
Contract, or in other words, demonstrating the parties’ consent.
40. In addition, the Chamber considered that the Player has repeatedly requested the Club to
provide him with the executed copy of the Alleged Contract, including a formal evidentiary
request subject to art. 13 par. 5 and 6 of the Procedural Rules. However, the Club has
denied that such contract was ever concluded.
41. Although there are indications that an employment contract was concluded between the
parties, the Chamber deemed that the documents provided by the Player cannot be used
as the employment contract. The Chamber therefore considered that the Player’s requests
based on the Alleged Contract cannot be entertained.
42. However, the Chamber observed that the Club did acknowledge that USD 15,000 remained
outstanding from “when the player was on loan.”
43. Consequently, the Chamber decided to award the amount of USD 15,000 as outstanding
remuneration as acknowledged by the Club.
pg. 10
REF. FPSD-19939
44. Finally, taking into consideration the Claimant’s request 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 15 July 2025 until the date of
effective payment.
ii. Compliance with monetary decisions
45. 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.
46. 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.
47. 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.
48. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
49. The 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.
pg. 11
REF. FPSD-19939
d. Costs
50. 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.
51. 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.
52. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 12
REF. FPSD-19939
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Joash Onyango Achieng, is partially accepted.
2.
The Respondent, Singida Black Stars, must pay to the Claimant the following amount:
- USD 15,000 as outstanding remuneration plus 5% interest p.a. as from 15 July 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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 13
REF. FPSD-19939
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