Labour Disputes
Texto da decisão
REF. FPSD-16805
Decision of the
Dispute Resolution Chamber
passed on 19 December 2024
regarding an employment-related dispute concerning the Player Ousseynou
Cesar Gueye
BY:
Stefano SARTORI (Italy)
CLAIMANT:
Ousseynou Cesar Gueye, Senegal
Represented by Abdulrahman Ahmed Ebrahim
RESPONDENT:
SALMIYA SC, Kuwait
Represented by Pedro Macieirinha
pg. 2
REF. FPSD-16805
I. Facts of the case
1.
On 4 April 2023, the Senegalese player, Ousseynou Cesar Gueye (hereinafter: the Player or
the Claimant) and the Kuwaiti club, SALMIYA SC (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract), valid as from 1 July 2023
until 30 June 2024.
2.
Pursuant to clause 4 of the Contract, the Player was entitled to total remuneration of USD
100,000 payable as follows: USD 25,000 payable on 31 August 2023 and 10 monthly salaries
of USD 7,500 each from September 2023 to June 2024.
3.
On 26 June 2023, the Respondent and the Claimant issued a letter “Acknowledgment and
pledge” in which the Respondent acknowledged that it owed the Claimant KWD 4,500.
4.
Allegedly, on 4 September 2024, the Claimant put the Respondent in default requesting
payment of KWD 4,500; setting a time limit of 15 days.
II. Proceedings before FIFA
5.
On 29 October 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
6.
The Player lodged a claim for overdue payables. The Claimant argued that upon expiration
of the Contract, the Respondent failed to pay all his salaries amounting to KWD 4,500,
which was acknowledged by the Respondent.
7.
The Claimant also referred to art 17 of the RSTP and mentioned that “the Respondent’s
unjustified breach. Such behavior on the part of the Respondent is reproachable and the
imposition of sporting sanctions on it is mandatory, in order to serve as deterrent in the future”.
8.
The Claimant requested the following relief:
“The Respondent has to pay the Claimant outstanding compensation of KD 4,500.00
(Four thousand five hundred Kuwaiti Dinars which is equivalent to US $13,622.14
(thirteen thousand six hundred and twenty-two US dollars and fourteen cents) as the
remainder of his salaries according to the employment agreement, plus amount of KD
225.00 (Two hundred twenty-five Kuwaiti Dinars) which is equivalent to US $681.11
(Six hundred and eighty-one US dollars and eleven cents) as interest of 5%.
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REF. FPSD-16805
ii. A ban on registering new players, either nationally or internationally, for two
registration periods, following the notification of the FIFA decision, shall be imposed
on the Respondent.”
b. Position of the Respondent
9.
In its reply, the Respondent requested to reject the claim.
10. The Respondent argued that it did not receive the default notice on 4 September 2024 and
that the Claimant did not provide evidence of the “terms which was sent”. Therefore, the
Respondent was of the opinion that art. 12bis of the Regulations on the Status and Transfer
of Players shall not be applicable.
11. The Respondent requested the following relief:
“A) The claim shall be rejected.
B) The Respondent shall not be condemned to pay KD 4,500.00 (Four thousand five
hundred Kuwaiti Dinars which is equivalent to US$ 13,622.14 (thirteen thousand
six hundred and twenty-two US dollars and fourteen cents)”
pg. 4
REF. FPSD-16805
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Single Judge (hereinafter also referred to as 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 29 October 2024 and submitted for decision on
19 December 2024. Taking into account the wording of art. 34 of the March 2023 edition of
the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
13. Subsequently, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (October 2024),
he is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between a Moroccan player and a Kuwaiti club.
14. Moreover, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (October 2024 edition),
and considering that the present claim was lodged on 29 October 2024, the June 2024
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
15. 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 he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the Transfer Matching System (TMS).
c. Merits of the dispute
16. The competence and the applicable regulations having been established, 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for the assessment of the matter at hand.
pg. 5
REF. FPSD-16805
i. Main legal discussion and considerations
17. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the payment of certain
financial obligations by the Respondent as per the Contract, namely KWD 4,500.
18. As a preliminary remark, the Single Judge then took note that the Claimant referred to the
application of art. 17 of the Regulations. However, the Single Judge stressed that the
Contract was terminated on its due date, and therefore concluded that this was a case for
outstanding remuneration and not compensation for breach of contract.
19. The Single Judge then noted that neither party contested the non-payment of the amounts
claimed by the Claimant. Therefore, the Single Judge acknowledged that his task was to
determine, based on the arguments presented by the parties, whether the Respondent
had a valid justification for not having complied with its financial obligations.
20. In this respect, the Single Judge observed that the Respondent merely mentions that art.
12bis of the Regulations does not apply. However, the Single Judge recalled that the nonapplication of art. 12bis of the Regulations does not prevent a party to file a claim or to
request the payment of the amounts due before the Football Tribunal, and does not
constitute a reason for non-payment.
21. 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 KWD 4,500.
22. In addition, taking into consideration the constant practice of the Football Tribunal in this
regard, the Single Judge stressed that the Claimant would be entitled to interest at the rate
of 5% p.a. on the outstanding amounts as from 1 June 2024 for the amount of KWD 2,198.55
and as from 1 July 2024 for the amount of KWD 2,301.45 until the date of effective payment.
However, the Single Judge observed that the Claimant had set his request of interest at
KWD 225. Therefore, the Single Judge concluded that, at the date of the decision (i.e. 19
December 2024), the interest at the rate of 5% would amount to KWD 114.16.
Consequently, the Single Judge decided to award KWD 114.16 as interest at the rate of 5%
p.a.
ii. Compliance with monetary decisions
23. 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. 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, in
pg. 6
REF. FPSD-16805
principle, of a ban from registering any new players, either nationally or internationally, up
until the due amounts are paid.
24. Notwithstanding the above, the Single Judge wished to remark that in accordance with art.
24 par. 3 of the Regulations, the aforementioned consequences may be excluded where
the pertinent FIFA deciding body has already imposed on the same party a sporting
sanction on the basis of article 12bis, 17 or 18quater of the Regulations.
25. In this respect, the Single Judge recalled that by means of a decision of the Football Tribunal
passed on 11 July 2024 and notified on 25 July 2024, a transfer ban has been imposed on
the Respondent pursuant to art. 17 par. 4 of the Regulations, namely in the case FPSD14312.
26. Accordingly, the Single Judge established that in casu art. 24 par. 2 of the Regulations shall
not apply, insofar as in case the Respondent fails to comply with the decision at hand, the
application of a further ban from registering any new players on top of the one already
being served by the Respondent would be moot and against the spirit of the Regulations,
in particularly the enforcement mechanism established under art. 24 of the Regulations.
27. In view of the above, the Single Judge decided that if the aforementioned sum plus interest
is not paid within 30 days of notification of this decision, the present matter shall be
submitted, upon request of the Claimant, to the FIFA Disciplinary Committee for its
consideration and formal decision.
28. 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.
d. Costs
29. 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.
30. 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.
31. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-16805
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ousseynou Cesar Gueye, is partially accepted.
2.
The Respondent, SALMIYA SC, must pay to the Claimant the following amount(s):
- KWD 4,500 as outstanding remuneration.
- KWD 11.38 as 5% interest p.a.
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.
If full payment is not made within 30 days of notification of this decision, the
present matter shall be submitted, upon request of the Claimant, to the
FIFA Disciplinary Committee.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-16805
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 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. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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