Labour Disputes
Texto da decisão
REF. FPSD-20124
Decision of the
Dispute Resolution Chamber
passed on 9 March 2026
regarding an employment-related dispute concerning the player
Yacouba Songne
BY:
Alejandro ATILIO TARABORELLI (Argentina & Italy)
CLAIMANT:
Yacouba Songne, Burkina Faso
Represented by Mawuli Kwaku Avorgah
RESPONDENT:
TRA United Sports Club, Tanzania
Represented by Raphael Omalla
pg. 2
REF. FPSD-20124
I. Facts of the case
1.
On 12 August 2024, the Burkinabe player, Yacouba Songne (hereinafter: the Player or the
Claimant) and the Tanzanian club TRA United Sports Club (hereinafter: the Club or the
Respondent) entered into an employment contract (hereinafter: the Contract) valid for one
year.
2.
Art. 2.1. of the Contract provided, quoted verbatim:
“2.1 The Player commence work on signing of this agreement stated on 12/08/2024 for a
duration of one year or after the completion of the league with playoffs if it so occurs. This
contract shall be renewable for a further one year at the option of the club.”
3.
As per art. 2.3 of the Contract, the Player was entitled to a signing fee of TSHS 45,000,000.
4.
As per art. 5.1. of the Contract, the Player was entitled to a monthly gross salary of TSHS
5,000,000.
5.
Art. 15 of the Contract provided quoted verbatim:
“15. Procedure for resolving Disputes
15.1 Disputes between the Player and the Club are resolved with negotiation. If an agreement
cannot be reached, then clauses 15.2 of this Contract are taken as a basis for resolving disputes.
15.2. Any dispute arising from the interpretation, execution or termination of this contract shall
be exclusively submitted to the court of arbitration for sports CAS), Laussane (sic), Switzerland
only and no other body”.
6.
On 1 January 2025, the Player was issued an invoice and receipt for MAD 25,058.29 from a
medical clinic in Morrocco.
7.
On 27 January 2025, the Player was issued an invoice of TSHS 60,000 for a daypass in a gym
in Dar-Es-Salam, Tanzania.
8.
On 24 February 2025, the Player was issued an invoice and receipt for MAD 4,000 from a
physiotherapist in Morrocco.
9.
On 26 February 2025, the Player was issued an invoice and receipt for MAD 200 for medical
expenses.
10. On 27 March 2025, the Player was issued an invoice and receipt of MAD 20,000 for housing
in Morrocco.
pg. 3
REF. FPSD-20124
11. On 19 March 2025, the Payer was issued a receipt of USD 1,428 for airline fees.
12. On 16 May 2025, the Player was issued an invoice of TSHS 250,000 for a monthly in a gym
in Dar-Es-Salam, Tanzania.
13. On 19 June 2025, the Player sent, through his legal representative, a notice of default to
the Club stating that his salaries for the months of February, March, April, and May 2025
were not paid and requesting payment granting a deadline until 4 July 2025.
14. On 9 July 2025, the Player sent, through his legal representative, a termination notice to
the Club, stating that the Club had not replied to his notice of default nor paid the
requested amounts.
15. On 22 July 2025, the Tanzania Football Federation (TFF) issued a letter to the Club stating
that its Legal and Players‘ Status Committee was to meet on 30 July 2025, in order to hear
the case presented by the Player for outstanding salaries of TSHS 15,000,000 and
registration fees of TSHS 7,500,000.
16. On 19 August 2025, the Player sent, through his legal representative, a communication to
the TFF requesting the closure of the case opened before its Legal and Players’ Status
Committee.
17. On 21 December 2025, the Player confirmed that he remained unemployed.
II. Proceedings before FIFA
18. On 28 July 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
19. The Player requested compensation following a termination of the Contract for
outstanding remuneration and the ensuing claim for the outstanding remuneration.
20. The Player raised that he signed a contract with the Club on 12 August 2024, which
effectively bound the parties for two years. He raised that after suffering a serious injury in
November 2024, the Club failed to cover his medical treatment despite clear contractual
obligations, forcing him to personally finance all related expenses, including travel to
Morrocco and surgery.
21. He also raised that the Club did not pay four months of salary, i.e. February, March, April
and May 2025 and part of his signing fee, leading him to send a notice of default on 19 June
2025, and, after receiving no response, to terminate his contract on 9 July 2025.
pg. 4
REF. FPSD-20124
22. The Player argued that the Club’s non-payment and refusal to provide medical support
constituted serious contractual breaches, and that he had just cause to terminate his
contract under art. 14bis of the Regulations
23. The Player therefore made the following request for relief:
“Le club n’a payé que les salaires des mois d’aout, septembre, octobre, novembre,
décembre 2024 et janvier 2025 au Joueur, soit seulement 06 mois payé au joueur sur 24
mois. Il reste donc 19 mois à payer au joueur.
Salaire impayés et valeur résiduelle réclamés:
TSHS 5 000 000 x 19 mois = TSHS 95,000,000, plus 5% d’intérêts per annum comptant à
partir du 09 juillet 2025 (USD 37 021)
Restant de la prime de signature impayée:
TSHS 7 500 0000 représentant le restant de la prime de signature, plus 5% d’intérêts per
annum à compter à partir du 12/08/2024 (USD 2 922)
Indemnités supplémentaires :
TSHS 5 000 000 x 06 mois = TSHS 30 000 000, plus 5% d’intérêts per annum comptant à
partir du 09 juillet 2025 (USD 11 690)
Relative aux dépenses effectuées par le Joueur pour le traitement de sa blessure au Maroc:
Le billet d’avion aller-retour Tanzanie-Maroc-Tanzanie plus frais de changement de vol:
euro 1500 + 142 usd (121 euro) = 1621 euro (USD 1 890) plus 5% d’intérêts per annum
comptant à partir du 09 juillet 2025
Des copies de factures sont jointes; en rappel le joueur a effectué certaines dépenses dont
il est difficile d’avoir des factures comme les déplacements, paiements des frais de télétaxis
etc ... = 70.000 dirhams (USD 7 745) plus 5% d’intérêts per annum comptant à partir du
09 juillet 2025
DEMANDE
Le joueur plaignant demande au Tribunal de Football de la FIFA de condamner le
Défendeur à lui payer la somme totale de USD 61 268 dans un délai de 30 jours à titre de
paiement de dommages et d'indemnités, de non-respect de contrat, de rupture de contrat
plus les intérêts moratoires tel qu’indiqué ci-dessus.“
Freely Translated to English:
“The club only paid the salaries for the months of August, September, October, November,
December 2024 and January 2025 to the Player, i.e. only 06 months paid to the Player
pg. 5
REF. FPSD-20124
over 24 months. There are therefore 19 months left to pay the player.
Unpaid wages and residual value claimed:
TSHS 5,000,000 x 19 months = TSHS 95,000,000, plus 5% interest per annum cash from
09 July 2025 (USD 37,021)
Remaining unpaid signing bonus:
TSHS 7,500,0000 representing the remainder of the signing premium, plus 5% interest per
annum effective from 12/08/2024 (USD 2,922)
Additional allowances :
TSHS 5,000,000 x 06 months = TSHS 30,000,000, plus 5% interest per annum cash from
09 July 2025 (USD 11,690)
Regarding the expenses incurred by the Player for the treatment of his injury in Morocco:
Return flight ticket Tanzania-Morocco-Tanzania plus flight change fee: euro 1500 + 142
USD (121 euro) = 1621 euro (USD 1,890) plus 5% interest per annum cash from 09 July
2025
Copies of invoices are attached; as a reminder the player has incurred certain expenses
for which it is difficult to have invoices such as travel, payments of teletaxi fees etc ... =
70,000 dirhams (USD 7,745) plus 5% interest per annum cash from July 09, 2025
REQUEST
The plaintiff player asks the FIFA Football Tribunal to order the Defendant to pay him the
total sum of USD 61,268 within 30 days as payment of damages and compensation,
breach of contract, breach of contract plus default interest as stated above."
b. Position of the Respondent
24. In its reply, the Club argued that, because the case is already pending before a competent
national body, FIFA should terminate the present proceedings.
c. Replica of the Claimant
25. In his Replica, filed on 18 November 2025, The Player raised that the Tanzania Football
Federation (TFF) provided inaccurate or incomplete information to FIFA. He pointed out
that the TFF mentioned only a phone call regarding his withdrawal but failed to
acknowledge his official written letter dated 19 August 2025 requesting the closure of the
national proceedings. He also highlighted that the TFF did not specify the date of the
alleged phone call, which occurred only after a meeting that the Club refused to attend. He
argued that the TFF intentionally sent only partial information to FIFA.
pg. 6
REF. FPSD-20124
26. The Player argued that his formal email of 19 August 2025 clearly stated that, due to the
international nature of the dispute, he preferred the matter to be handled by FIFA rather
than the TFF. Because of this, he considers the FIFA Football Tribunal the competent and
fair body to decide the case. He further argued that the Club incorrectly claimed that the
Player had omitted to disclose ongoing national proceedings, even though he had officially
withdrawn the case at TFF level. Based on this, he submitted that FIFA should continue its
proceedings until a final decision is reached.
d. Duplica of the Respondent
27. In its Duplica, filed on 27 November 2025. the Club stated that the FIFA Football Tribunal
lacks jurisdiction to entertain the dispute, relying on clause 15.2 of the Contract, which
provided that any disputes must be exclusively resolved before the Court of Arbitration for
Sport (CAS).
28. The Club affirmed that the Contract signed with the Player was valid for one playing season
only, beginning on 12 August 2024 and ending on 22 June 2025, and firmly denied the
Claimant’s assertion that the agreement was for two years. The Club stated that the
contract could only be extended through a written notification at least six months before
expiry—an option neither party exercised—meaning no renewal took effect. The Club
affirmed that the signing fee of TSHS 45,000,000 for the 2024/2025 season was paid in full
and emphasized that the Claimant never raised any issue about unpaid signing fees during
his earlier correspondence of 19 June 2025, which rendered this new allegation unfounded.
29. The Club stated that it fully acknowledged that the Player suffered a knee injury while on
official duty, however, it affirmed that all medical and physiotherapy costs were covered by
the Club as recommended by the Club’s Doctor. The Club further stated that once a
physiotherapist confirmed that the Player was fit to resume progressive rehabilitation, it
instructed him to return—only to discover that he had travelled to Morocco without
authorization. The Club affirmed that this unauthorized departure violated clause 7.3 of
the Contract and that it cannot be held responsible for any expenses the Player incurred
while abroad or for any period during which he was absent from the Club without
permission.
30. The Club stated that the Contract expired automatically on 22 June 2025, which was the
Club’s last match day of the season. Accordingly, the Club affirmed that the Claimant’s
purported unilateral termination on 9 July 2025 had no legal effect because the contract
had already lapsed. The Club also stated that even if the termination were considered
valid—which it denies—the maximum remaining contractual period would have been just
one month, from 9 July to 12 August 2025.
31. Finally, the Club affirmed that the Claimant is not entitled to salaries for February through
May 2025, given his unauthorized stay in Morocco. The Club stated that the invoices
pg. 7
REF. FPSD-20124
submitted by the Player are unverifiable, inflated, and in some cases unrelated to Morocco,
and therefore cannot form the basis of any compensation.
32. The Club therefore made the following request for relief, quoted verbatim:
“III. FINAL REQUESTS
In the view of all the facts and legal considerations mentioned above, the Respondent,
Tabora United Football Club (TRA United SC) respectfully requests the FIFA Dispute
Resolution Chamber as follows:
1.To reject the present Claim in its entirety”
e. Information provided by the Tanzania Football Federation
33. On 10 October 2025, the TFF informed the FIFA general secretariat that the Player had
requested that the proceedings be halted, before any decision was rendered by the TFF.
pg. 8
REF. FPSD-20124
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
34. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 28 July 2025 and submitted for
decision on 9 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.
35. 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), the Dispute Resolution Chamber is in principle competent to deal with the matter
at stake, which concerns an employment-related dispute with an international dimension
between a Burkinabe player and a Tanzanian club.
36. Nonetheless, the Single Judge noted that the Respondent objected to the jurisdiction of
FIFA’s deciding bodies in favour of the Court for Arbitration of Sport (CAS), alleging that the
latter is competent to deal with any dispute arising from the Contract in accordance with
its art. 15.2.
37. In this context, the Single Judge first recalled that, pursuant to art. 22 caput of the
Regulations, FIFA has jurisdiction over employment-related disputes between a player and
a club with an international dimension “without prejudice to the right of any player […] or club
to seek redress before a civil court for employment related disputes”.
38. The Single Judge then emphasized that art. 22, caput of the Regulations provides for a clear
hierarchy in favour of contractual autonomy, which has been consistently confirmed by the
Football Tribunal and the Court of Arbitration for Sport (CAS) (cf., Commentary on the
Regulations, p. 446 et seq.).
39. Consequently, the Single Judge determined that its task was to establish whether the
Parties had indeed agreed on a clear and exclusive jurisdiction clause in favour of CAS and,
if so, whether any of the grounds put forward by the Player could undermine this
agreement.
40. The Single Judge recalled the wording of art. 15.2 of the Contract which provides, quoted
verbatim:
“15.2. Any dispute arising from the interpretation, execution or termination of this contract
shall be exclusively submitted to the court of arbitration for sports CAS), Laussane, (sic)
pg. 9
REF. FPSD-20124
Switzerland only and no other body”.
41. The Single Judge considered this clause to be clear and as granting exclusive jurisdiction to
CAS.
42. The Single Judge noted that while the Player addressed issues regarding its initial claim
before the TFF, but that never in his submissions did he challenged the jurisdiction of CAS
or the validity of the provisions contained in art. 15.2 of the Contract.
43. As noted above, the Single Judge recalled that parties are free to confer jurisdiction on a
civil court, and that art. 15.2 of the Contract was a clear and exclusive clause in favour of
CAS.
44. In conclusion, and taking into account all of the above considerations, the Single Judge
decided that the Football Tribunal did not have jurisdiction to hear this case.
b. Costs
45. 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.
46. 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.
47. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 10
REF. FPSD-20124
IV. Decision of the Dispute Resolution Chamber
1.
The Football Tribunal does not have jurisdiction to hear the claim of the claimant, Yacouba
Songne.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 11
REF. FPSD-20124
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. 12