Labour Disputes
Texto da decisão
REF. FPSD-15768
Decision of the
Dispute Resolution Chamber
passed on 16 January 2025
regarding an employment-related dispute concerning the player Chibuike
Chimezie Kelechi
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Dana MOHAMED AL-NOAIMI (Qatar), Member
Michele COLUCCI (Italy), Member
CLAIMANT:
Chibuike Chimezie Kelechi, Nigeria
Represented by Chijioke Okpanku
RESPONDENT:
Dakhlia, Egypt
pg. 2
REF. FPSD-15768
I. Facts of the case
1.
On 8 October 2022, the Nigerian Player, Chibuike Chimezie Kelechi (hereinafter: the Player
or the Claimant) and the Egyptian club, Dakhlia (hereinafter: the Club or the Respondent)
concluded an employment contract (hereinafter: the Contract) valid as from the season
2022/2023 until the season 2024/2025.
2.
According to the Contract, the Respondent undertook to pay the Claimant a total gross
amount of EGP 2,519,999 payable as follows:
-
-
-
3.
Season 2022/2023: EGP 770,000 payable as follows:
•
1st instalment: EGP 192,500 payable on 15 October 2022
•
2nd instalment: EGP 192,500 payable on 1 February 2023
•
3rd instalment: EGP 192,500 payable on 1 May 2023
•
4th instalment: EGP 192,500 payable on 1 August 2023
Season 2023/2024: EGP 839,666 payable as follows:
•
1st instalment: EGP 209,916 payable on 15 October 2023
•
2nd instalment: EGP 209,916 payable on 1 February 2024
•
3rd instalment: EGP 209,916 payable on 1 May 2024
•
4th instalment: EGP 209,918 payable on 1 August 2024
Season 2024/2025: EGP 910,333 payable as follows:
•
1st instalment: EGP 227,583 payable on 15 October 2024
•
2nd instalment: EGP 227,583 payable on 1 February 2025
•
3rd instalment: EGP 227,583 payable on 1 May 2025
•
4th instalment: EGP 227,584 payable on 1 August 2025
Clause 6 of the Contract read as follows (quoted verbatim):
“It has been agreed between the club and the player on the followings:
pg. 3
REF. FPSD-15768
-
The Team’s financial regulation is complementary to this contract in terms of
rewards, penalties and penalites.
-
Payable 75% of the contract value for each season according to the players
participation in the matches
-
The player us entitled to one hundred thousand pounds if the participates in 50% of
the official matches.”
4.
As per the information retrieved from the Transfer Matching System (TMS), the Egyptian
season 2023/2024 started on 27 July 2023 and ended on 30 August 2024.
5.
On 3 August 2024, the Claimant put the Respondent in default and requested payment of
EGP 586,000 corresponding to EGP 170,000 for the season 2022/2023 and EGP 416,000 for
the season 2023/2024; setting a time limit of 15 days.
6.
On an unspecified date, the Respondent replied to the Claimant providing a breakdown of
the alleged amount due to Claimant as per the below:
Date
Amount
paid
09.11.2023 EGP 162,500
02.12.2023 EGP 30,000
26.12.2023 EGP 15,000
09.01.2024 EGP 32,500
04.02.2024 EGP 32,500
03.03.2024 EGP 32,500
01.04.2024 EGP 32,500
01.05.2024 EGP 32,500
04.06.2024 EGP 32,500
09.06.2024 EGP 32,500
15.07.2024 EGP 10,000
Unspecified EGP 55,000
date
Unspecified EGP 130,000
date
Unspecified EGP 100,000
date
Amount
deducted
Statement
Reason deduction
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
Payment received
75% of his knots
left
Player
25% of the player’s
engagement rate
participation in official
matches where he
participated by 80%
Due to the player
A condition for the
player in the contract
in case of participation
pg. 4
REF. FPSD-15768
Unspecified
date
EGP 150,000
Signing a fine
Unspecified
date
EGP 50,000
Signing a fine
TOTAL
EGP 717,500
by 50% for official
matches
Joining the team at the
beginning
of
the
season was delayed
for 65 days
For the fight with the
player
Mahmoud
Saber
during
the
team’s training
EGP 200,000
7.
The Respondent also indicated that “the total due after deducting fines is the amount of 75,000
pounds. 55000+ 130000+100000 = 285000 minus the amount of discounts 200000 left 85000
pounds A check was issued for the amount that was refused to be received”.
8.
On 25 August 2024, the Claimant sent a termination notice to the Respondent. The
Claimant mentioned that the Respondent failed to provide a residency permit and failed to
fulfil its financial obligations (i.e., EGP 485,000).
9.
According to the information retrieved from TMS, on 17 August 2024, the Player concluded
an employment contract with the Nigerian club, Central Football Academy valid as form 17
August 2024 until 31 December 2024 (hereinafter: the new contract).
10. According to the new contract, the Claimant was entitled to the following amounts:
“ Salary: Net salary of 100,000 Naira each calendar month. Unless otherwise agreed,
the Club will pay salary the same month in which the salary is earned. Any agreement
to vary this shall be in writing and signed by the Player and the Club’s authorised
personnel. The Club shall also provide suitable accommodation for the Player without
cost during the duration of this contract. The Club shall also be responsible for the
feeding of the Player during the duration of this contract. The Club shall also bear the
cost of transportation of the Player from his residence to the Club’s training ground
and match venues”.
II. Proceedings before FIFA
11. On 26 August 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
12. The Claimant lodged a claim against the Respondent for breach of contract.
pg. 5
REF. FPSD-15768
13. The Claimant mentioned that after the sending of the default notice:
“The Respondent further claimed that a fine of EGP 150,000 (One Hundred and Fifty
Thousand Egyptian Pounds) was imposed on the Claimant for returning late from a
scheduled 15-days-vacation, a penalty of EGP 100,000 (One Hundred Thousand
Egyptian Pounds) as a condition for the player in the contract in case of participation
by 50% for official matches, a penalty of EGP 50,000 (Fifty Thousand Egyptian Pounds)
for the fight with the player Mahmoud Saber during the team's training, EGP 130,000
(One Hundred and Thirty Thousand Egyptian Pounds) for 25% of the player’s
participation in official matches, where he participated by 80%.
It is submitted that the Claimant on his scheduled 15 days-vacation informed the
Respondent that he will be needing an extension of time due to some personal
engagements which the Respondent agreed to. Further, the Claimant faced difficulties
in getting his visa.
The Claimant faced difficulties in getting his visa to return to Egypt and communicated
these difficulties via Whatsapp to the Respondent through the Team Manager. The
Respondent replied to all chats sent by the Claimant, showing that he was well aware
of the difficulties the Claimant faced in getting the visa.”
14. As to the alleged penalty, the Claimant mentioned that this was not justified, as the Player
did not have a bad behaviour. Moreover, as to the visa, the Claimant mentioned that the
Respondent failed to provide a valid visa and work permit, which according to him was a
duty of the Respondent.
15. Finally, the Claimant mentioned that he terminated the contract with just cause pursuant
to art. 14 bis of the Regulations on the Status and Transfer of Players (hereinafter: the
Regulations).
16. In view of the foregoing, the Claimant requested the following relief:
“- Outstanding installments for the 2023/2024 season (EGP 470,000) plus 5% interest
Per Annum as from the due date of payment.
- Outstanding payment for participating in 50% of official matches (EGP 100,000) plus
5% interest Per Annum as from the due date of payment.
- The sum of EGP 1,120,250 which is the residual value of the employment contract
being compensation for breach of contract in line with the employment contract dated
8th October 2022 from August 2024 until effective date of expiration”.
pg. 6
REF. FPSD-15768
b. Position of the Respondent
17. The Respondent failed to provide its position within the time limit granted by FIFA General
Secretariat.
c. Other information
18. On 23 September 2024, the FIFA General Secretariat informed the parties about the closure
of the submission phase and requested the Claimant provide information about his
employment situation as from the alleged termination of the Contract.
19. On 25 September 2024, the Claimant informed the FIFA General Secretariat that he had
not signed an employment contract.
20. In view of the information retrieved from TMS (cf. point 9 and 10 of the facts), on 5
December 2024, the FIFA General Secretariat requested the Claimant to provide his
comments as to the new contract that was found.
21. On the same date, the Claimant replied to the following:
“Reference is made to your correspondence dated 5th December 2024 wherein you
asked the Claimant to provide comments on the Claimant’s employment contract with
the Nigerian club Central Football Academy valid as from 17 August 2024 until 31
December 2025.
The Claimant maintains that the employment contract with Central Football Academy
was not uploaded on the FIFA portal as the Claimant’s International Transfer
Certificate (ITC) was never returned to Nigeria. It was withheld by the Egyptian FA.
The Claimant shall rely on the Employment Contract between the Claimant and
Central Football Academy.
The Claimant shall rely on a screenshot showing the Egyptian FA rejecting the ITC
request”.
pg. 7
REF. FPSD-15768
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
22. First of all, the Chamber 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 26 August
2024 and submitted for decision on 16 January 2025. Taking into account the wording of
art. 31 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.
23. 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 (January 2025 edition), the DRC is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a Nigerian player and an Egyptian club.
24. 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 January 2025 edition is applicable to the matter at hand as to the
substance.
b. Burden of proof
25. 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
26. 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.
i. Main legal discussion and considerations
pg. 8
REF. FPSD-15768
27. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that this is a claim of a player against a club concerning
the termination of the Contract.
28. The Chamber started by recalling the arguments of the Claimant, who asserted that the
Contract was terminated with just cause due to outstanding remuneration. The Chamber
mentioned that the Club, on the other hand, did not respond to the claim, which leads to
the conclusion that the Chamber’s decision must be made on the basis of the
documentation on file, that is, the argumentation and evidence filed by the Claimant in line
with art. 14 par. 1 and 21, par. 1 of the Procedural Rules.
29. In light of the above, the Chamber stated that its task was to determine whether the
Contract was terminated with just cause and its consequences.
30. The Chamber initially raised concerns regarding the clarity and reliability of the WhatsApp
messages and audio recordings submitted as evidence by the Player. Notably, the name
associated with the messages did not match the Player’s name, and the identities of the
senders remained unclear. Furthermore, the Chamber observed that some of the audio
recordings related, among other things, to the missing flight.
31. The Chamber then observed that in the default notice dated 3 August 2024, the Claimant
requested EGP 170,000 for the 2022/2023 season and EGP 416,000 for the 2023/2024
season. However, in the statement of claim, he only requested EGP 470,000 in outstanding
remuneration for the 2023/2024 season, along with an additional EGP 100,000 for
participating in 50% of official matches.
32. Regarding the Player’s claim for a bonus of EGP 100,000, the Chamber noted that the
Claimant had provided no evidence to substantiate his entitlement. Consequently, the
Chamber concluded that the only outstanding amount at the time of the Contract’s
termination was EGP 470,000.
33. The Chamber further noted that the Respondent bore the burden of proving compliance
with the financial terms of the contract. However, no evidence was submitted in this regard.
While the Chamber acknowledged that the Respondent responded to the Claimant on 3
August 2024, no further documentation was provided to substantiate proof of payments
or to confirm whether the alleged deductions and penalties followed due process.
34. In view of the above considerations, the Chamber concluded the following:
-
At the time of default, it was not clear if the amount of EGP 170,000 was due or
not and the Claimant did not clarify it.
pg. 9
REF. FPSD-15768
-
At the time of termination, the amount due by the Club was EGP 470,000. This
amount would correspond to EGP 50,166 payable on 1 February 2024, EGP
209,916, payable on 1 May 2024 and EGP 209,918 payable on 1 August 2024.
Was the Contract terminated with just cause?
35. Having stated the above, the Chamber then the pointed out that, although the Player
provided written evidence of having put the Respondent in default and terminated the
Contract more than 15 days after sending the notice, he concluded a subsequent contract
with the Nigerian Club on 17 August 2024, i.e., only 14 days after the Player sent the notice
of default to the Club.
36. Moreover, the Chamber observed that the Claimant initially mentioned that he did not sign
a contract, while already having signed a new contract, and then mentioned that the
Egyptian Football Association rejected the transfer. However, the Chamber recalled that (i)
the Player can be transferred despite the Federation’s rejection (cf. Annexe 3 of the
Regulations) and (ii) as per FIFA jurisprudence, the validity of a contract cannot be subject
to the registration of the Player.
37. In this respect, the Chamber concluded that the Player effectively terminated the Contract
on 17 August 2024, due to the signing of his new contract, and not on 25 August 2024, as
per the termination letter.
38. Consequently, the Chamber concluded that the requirements of art. 14bis were not met in
the case at hand.
39. In continuation, the Chamber referred to art. 14 of the Regulations according to which, "[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 it can no longer be reasonably expected in good
faith from a party to continue a contractual relationship."
40. Generally, as stated in art. 14 of the Regulations, a premature termination may be issued
only in circumstances in which it can no longer, reasonably and in good faith, be expected
from the party issuing the termination to continue the respective contractual relationship.
In line with the well-established jurisprudence of the Chamber, the termination of a
contract should always be an action of last resort, having regard to the individual facts and
circumstances of each case. Hence, if there are more lenient measures which can be taken
in order for an employee to assure the employer’s fulfilment of its contractual duties, such
measures must be taken before terminating an employment contract. In other words, as
consistently held by this Chamber, a premature termination of an employment contract
can only be an ultima ratio measure.
pg. 10
REF. FPSD-15768
41. The Chamber observed that the Player terminated the Contract 14 days after sending the
notice of default by signing a new contract with another club, without fully granting the
Respondent the opportunity to remedy its default.
42. In this regard, the Chamber highlighted that the importance of sending a notice of default
is that notices are intended to ensure that the defaulting party is given a chance to comply
with its obligations and, if it accepts the claim is legitimate, to rectify the situation before
more severe measures are taken that ultimately affect contractual stability, such as
terminating an employment contract and effectively abandoning an existing contractual
relationship. Given the timeline of events in this case, the Chamber was of the opinion that
the Player did not in good faith afford the Club the opportunity to cure its contractual
breach, as he appeared to have already chosen to provide his services to another club
before the period he had allegedly granted came to an end. The Chamber’s conclusion in
this respect is reinforced by the fact that the Player signed a new contract on 17 August
2024 while the 15 days’ period was still running, as well as the fact that he only sent a
termination letter to the Club over a week after signing the new contract (on 25 August
2024).
43. Hence, the Chamber considered that, under these specific circumstances, the Player did
not meet his burden of proof to demonstrate that the termination was an ultima ratio
measure, and, therefore, the Player did not have just cause in accordance with art. 14 of
the Regulations. Consequently, the Chamber held that no compensation is to be awarded.
44. As a final observation, the Chamber also recalled that, despite a clear request, the Player
failed to inform the FIFA General Secretariat about his new contract, which would have
ultimately affected any compensation that might have been awarded in the event of finding
just cause. In this sense, the Chamber recalled art. 9 par. 3 of the Procedural Rules,
according to which a party is obliged to tell the truth and act in good faith in the procedure,
and art. 13 par. 6 of the Procedural Rules, according to which parties inter alia have the
duty to collaborate to establish the facts. The Chamber noted that these requirements
apply to all parties to a procedure, and a party’s failure to collaborate in this sense can be
understood as not only a showing of bad faith on their part but also a failure to comply
with the Procedural Rules.
Are other amounts owed to the Player?
45. Notwithstanding the above findings, the Chamber mentioned the Player is entitled to the
outstanding remuneration accrued until the end of the Contract.
46. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber 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. EGP
50,166 payable on 1 February 2024, 209,916, payable on 1 May 2024 and 209,918 payable
on 1 August 2024.
pg. 11
REF. FPSD-15768
47. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% p.a. on the outstanding amounts as follow:
- On the amount of EGP 50,166. as from 2 February 2024 until the date of effective payment;
- On the amount EGP 209,916 as from 2 May 2024 until the date of effective payment;
- On the amount EGP 209,918 as from 2 August 2024 until the date of effective payment.
ii. Compliance with monetary decisions
48. 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.
49. 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.
50. 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.
51. 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.
52. 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
pg. 12
REF. FPSD-15768
53. 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.
54. 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.
55. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-15768
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Chibuike Chimezie Kelechi, is partially accepted.
2.
The Respondent, Dakhlia, must pay to the Claimant the following amount(s):
- EGP 50,166 as outstanding remuneration plus 5% interest p.a. as from 2 February 2024
until the date of effective payment;
- EGP 209,916 as outstanding remuneration plus 5% interest p.a. as from 2 May 2024
until the date of effective payment;
- EGP 209,918 as outstanding remuneration plus 5% interest p.a. as from 2 August 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
pg. 14
REF. FPSD-15768
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
pg. 15