Labour Disputes
Texto da decisão
REF. FPSD-16157
Decision of the
Dispute Resolution Chamber
passed on 12 December 2024
regarding an employment-related dispute concerning the player Waris
Majeed
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Alejandro ATILIO TARABORELLI (Argentina & Italy), Member
Roy VERMEER (The Netherlands), Member
CLAIMANT:
Waris Majeed, Ghana
Represented by Nana Sechere
RESPONDENT:
Anorthosis Famagusta, Cyprus
pg. 2
REF. FPSD-16157
I. Facts of the case
1.
On 16 August 2022, the Ghanian player, Waris Majeed (hereinafter: the Player or the
Claimant), and the Cypriot club, Anorthosis Famagusta (hereinafter: the Club or the
Respondent), concluded an employment contract (hereinafter: the Contract) valid as from
the date of signature until 31 May 2024.
2.
Clause 1 of the Contract read as follows:
“1.1. The duration of this Contract shall be from 16/08/2022 until 31/05/2024.
1.2. The Club engages the Player as a professional footballer for the Club’s A Team,
unless the Player shall agree to play for some other team of the Club, on the terms
and conditions of this Contract and subject to the Rules of the CFA.
1.3. The Player’s remuneration shall be as follows:
1.3.1. From 31/08/2022 until 31/05/2023, a monthly gross salary of €11’498.78, a total
annual of €114’987.78 (€10’000.00 net monthly, a total annual of €100’000,00 net).
1.3.2, From 31/08/2023 until 31/05/2024, a monthly gross salary of €11’498.78, a total
annual of €114’987.78 (€10'000.00 net monthly, a total annual of €100’000,00 net).
1.4. All taxes that are payable to the Tax Department, as per the applicable Cypriot
legislation, shall be paid by the Club.
1.5. Other benefits and/or allowances as per Club's internal regulations.”
3.
On the same date, the Claimant and the Respondent also concluded a supplementary
agreement (hereinafter: the Agreement).
4.
The Agreement read inter alia as follows:
“1. The Club will pay to the Player the amount of €30.500 (thirty thousand five hundred
euro) as soon as he is registered with the Cyprus Football Association.
2. The Club will pay to the Player the amount of €30.000 (thirty thousand euro) within
15 (fifteen) days after the Player is registered with the Cyprus Football Association.
3. The Club will pay to the Player, for the period starting 30/09/2022 and ending
31/05/2023 the additional amount of €139.500 (one hundred and thirty-nine
thousand five hundred euro) net in stages and subject to the terms of the present
agreement, in 9 (nine) equal monthly instalments of €15.500 (fifteen thousand five
hundred euro) net.
pg. 3
REF. FPSD-16157
4. The Club will pay to the Player the amount of €30.500 ( thirty thousand five hundred
euro) on or before 30/6/2023.
5. The Club will pay to the Player the amount of €30.000 (thirty thousand euro) for
before 31/7/2023.
6. The Club will pay to the Player, for the period starting 30/09/2023 and ending
31/05/2024 the additional amount of €139,500 (one hundred and thirty-nine
thousand five hundred) net in stages and subject to the terms of the present
agreement, in 9 (nine) equal monthly instalments of € 15.599 (fifteen thousand five
hundred euro) net.
7. Additionally, the Player will receive a monthly amount of €1.800 (one thousand eight
hundred euro) net, along with his salary, in order to cover his personal expenses like
housing and car rental.
8. The Club will provide to the Player 3 (three) business round-trip airline tickets (2
adults - 1 child) Ghana-Cyprus-Ghana to be used twice a year, booked via the Club’s
official travel agent.
9. The Player will be entitled to the following personal performance bonus:
9.1. An extra amount of €10.000 (ten thousand euro) if he is in the starting line-up in
at least 70% (seventy per cent) of the official games in one season.
9.2. The above bonus in 9.1. is for every season but its non accumulative between
seasons.
10. Goal Scoring/Assist Bonus: The Player will receive an extra bonus for scoring goals
or giving assists that result to goals in official games, as follows:
10.1.1. €500 (five hundred euro) for every goal he scores or assists he gives that results
to goal.
10.1.2. €5.000 (five thousand euro) extra for scoring or giving assists that resulted to
15 (fifteen) goals.
10.1.3. €10.000 (ten thousand euro) extra for scoring or giving assists that resulted to
20 (twenty) goals.”
5.
By correspondence dated 1 April 2024, the Claimant requested payment of his salaries
from the Respondent within 15 days. He stated that the Club had failed to fulfil its
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REF. FPSD-16157
obligations in respect of the payment of his salaries for more than three months, but did
not specify which salaries he was referring to.
6.
On 16 April 2024, the Claimant sent the Respondent a reminder regarding the unpaid
salaries.
7.
On 17 April 2024, the Respondent replied to the Claimant the following:
“I am writing to provide an update regarding the situation with [the Club] and the
outstanding salary payments owed to [the Player].
We recently received a portion of the funds from the club, which indicates their
commitment to resolving the financial obligations they have towards [the Player]. This
gesture of good faith is much appreciated and demonstrates their intention to clear
the debt in due course.
Given this positive development, we would like to pause any further actions or
proceedings that may be considered by the Cypriot Football Association regarding this
matter. Our aim has never been to exacerbate the club’s difficulties but to ensure that
they acknowledge and act upon their commitments. This correspondence to the CFA
was a last resort, intended only to prompt a necessary response, which we are pleased
to say we have now received.
We do not wish for the club’s license to be affected or for any additional constraints
to be placed upon them unnecessarily.
We believe in maintaining a constructive and supportive environment that fosters
good relationships and fair play.”
8.
On the same date, the Respondent also stated inter alia the following:
“[…] To rectify this situation, we would like to propose an arrangement to pay off the
debt during the upcoming season, starting from next week, in monthly installments.
We are committed to making regular and timely payments to settle the outstanding
amount in full […]”
9.
On 18 April 2024, the Claimant requested details as to the payment plan for the remaining
salaries.
10. On 22 April 2024, the Claimant again referred to the proposed payment plan and reiterated
that he was waiting for the payments.
11. On 30 April 2024, the Claimant sent a letter to the Cyprus Football Association (CFA) stating
that the Respondent had failed to pay his salaries and requesting a “formal intervention to
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REF. FPSD-16157
ensure that the club meets its financial commitments as per the contractual agreements and in
line with the regulations governing professional football in Cyprus.”
12. On 10 May 2024, the CFA acknowledged the reception of Claimant’s letter.
13. On 17 May 2024, the Claimant sent a letter to the Respondent stating inter alia as follows:
“We recently received a portion of the funds from the club, which indicates their
commitment to resolving the financial obligations they have towards [the Player]. This
gesture of good faith is much appreciated and demonstrates their intention to clear
the debt in due course.
Given this positive development, we would like to pause any further actions or
proceedings that may be considered by the Cypriot Football Association regarding this
matter. Our aim has never been to exacerbate the club's difficulties but to ensure that
they acknowledge and act upon their commitments. This correspondence to the CFA
was a last resort, intended only to prompt a necessary response, which we are pleased
to say we have now received.
We do not wish for the club's license to be affected or for any additional constraints
to be placed upon them unnecessarily.
We believe in maintaining a constructive and supportive environment that fosters
good relationships and fair play.”
14. On 17 May 2024, the Claimant received EUR 20,000 from the Respondent.
15. On 19 July 2024, the Claimant received EUR 20,000 from the Respondent.
16. On 20 August 2024, the Claimant sent a letter to the CFA with the following request for
relief:
“take immediate action to enforce the terms of both the employment contract and the
supplementary agreement between [the Player] and [the Club]. The FA must instruct
the club to settle the outstanding amount of €164,000 without delay.
Failure to do so will force us to pursue all available legal avenues, including filing a
formal complaint with FIFA. In light of the urgency and severity of this matter, a
conference call within the next 48 hours to discuss the resolution of this dispute”.
II. Proceedings before FIFA
17. On 20 September 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
pg. 6
REF. FPSD-16157
a. Position of the Claimant
18. The Claimant argued that from the total amount due by the Club from June 2023 to May
2024 (i.e., EUR 416,400); the latter paid EUR 251,950; thus, failing to pay EUR 164,550.
19. In his claim, the Claimant also mentioned the following:
“[t]hroughout this dispute, efforts were made to resolve the issue through the Cyprus
Football Association's internal dispute resolution mechanisms. However, these
attempts were unsuccessful due to the CFA's refusal to recognise the supplementary
agreement and its failure to enforce the contractual obligations in their entirety. The
lack of action by the CFA has left [the Player] with no choice but to seek FIFA’s
intervention to ensure that justice is served and that all contractual commitments are
fulfilled.”
20. The Claimant requested the following relief:
“1. Acknowledge jurisdiction over this dispute in accordance with FIFA RSTP Article 22,
paragraph 1 (b).
2. Recognise the validity of both the Standard Employment Contract and the
Supplementary Agreement as binding documents that outline the full extent of [the
Club]’s obligations to [the Player].
3. Order [the Club] to immediately pay the remaining outstanding amount of
€164,550 owed to [the Player], including interest on the unpaid amount to
compensate for the delay in payment.
4. Impose appropriate sanctions on [the Club] for failing to honour its contractual
obligations, as outlined in FIFA RSTP Article 12bis. These sanctions could include
transfer bans, fines, or other disciplinary measures deemed appropriate by FIFA to
ensure compliance and prevent future breaches of contract.
5.Request Interest on Unpaid Amount: We further request that FIFA orders [the Club]
to pay interest on the outstanding €164,550 off 18% to compensate [the Player] for
the financial loss caused by the delayed payments. This request is in line with the
principles of fairness and the need to deter future non-compliance by clubs.”
pg. 7
REF. FPSD-16157
21. In support of his claim, the Player provided inter alia the following breakdown (hereinafter:
the Table):
b. Position of the Respondent
22. On 27 September 2024, the FIFA general secretariat invited the Respondent to submit its
response to the Claimant’s claim by no later than 17 October 2024. Nevertheless, the
Respondent failed to provide any submission within this time limit.
c. Additional comments of the Claimant
23. On 21 October 2024, the FIFA general secretariat acknowledged that no reply had been
received from the Respondent and informed the parties that the submission phase was
therefore closed (cf., art. 23, par. 1 of the Procedural Rules Governing the Football Tribunal;
hereinafter: the Procedural Rules).
24. On 22 October 2024, the FIFA general secretariat requested the Claimant to clarify and
provide clarification and documentation on the following issues (cf., art. 23, par. 2 of the
Procedural Rules):
-
Did the Claimant file a claim in from of the National Dispute Resolution Chamber
of the CFA?
pg. 8
REF. FPSD-16157
-
Is there any decision issued within the National Dispute Resolution Chamber
within the CFA?
25. On 23 October 2024, the Claimant replied as follows:
“1. Did the Claimant file a claim in front of the National Dispute Resolution Chamber
of the Cyprus Football Association?
• No, the claim was not filed with the National Dispute Resolution Chamber of the CFA
because the CFA clearly stated that they would not recognise the supplementary
agreement. Therefore, any further action through the CFA was deemed ineffective, and
we were advised by the CFA to proceed directly to FIFA.
2. Is there any decision of the National Dispute Resolution Chamber of the Cyprus
Football Association?
• No, there is no decision from the National Dispute Resolution Chamber of the CFA
because the matter was not pursued due to their refusal to recognise the
supplementary agreement, as explained above.
3. Could you please provide any documentation regarding the above?
• As there is no formal decision from the CFA, we are unable to provide documentation
beyond the verbal confirmation provided by the CFA. However, I am happy to provide
any further clarification or communication as needed.”
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 20 September 2024 and submitted for
decision on 12 December 2024. Taking into account the wording of art. 34 of the March
2023 edition of 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 (October 2024 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 Ghanian player
and a Cypriot club.
pg. 9
REF. FPSD-16157
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. 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 20 September 2024, the June 2024
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
29. Finally, and for the sake of completeness, the Chamber acknowledged that,
notwithstanding the Claimant’s initial reference to an alleged complaint to the CFA, both
the Claimant and the CFA itself confirmed that no formal claim had been made to its
decision-making bodies. Similarly, the Chamber confirmed that both the Contract and the
Agreement appeared to be intertwined, complementary, and of an employment-related
nature in accordance with the jurisprudence of the Football Tribunal.
30. Hence, the DRC saw no reason to doubt the admissibility of the claim and/or its jurisdiction
to decide on the matter.
b. Burden of proof
31. 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
32. 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
33. The Chamber then moved to the substance of the matter and took note of the fact that it
pertains to a claim for outstanding remuneration lodged by the Player against the Club in
connection with the Contract and the Agreement.
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REF. FPSD-16157
34. The Player claims that he is entitled to the payment of EUR 164,550 corresponding to the
balance of amounts due under the Contract and Agreement.
35. The Club, on the other hand, did not respond to the claim, entailing 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.
36. In light of the above, the Chamber stated that its task was to determine the amount due by
the Respondent to the Claimant, if any.
37. In doing so, the Chamber observed the following:
-
The Claimant confirmed that his remuneration until May 2023 was paid (cf., the
Table and the statement of claim).
-
The Contract does not establish a salary entitlement between 1 June 2023 and 30
August 2023.
-
In accordance with clause 1.3.2. of the Contract, from 31 August 2023 to 31 May
2024, the Player was entitled to a remuneration of EUR 100,000.
-
In accordance with clause 4 of the Agreement, the Player was entitled to EUR
30,500 on or before 30 June 2023.
-
In accordance with clause 5 of the Agreement, the Player was entitled to EUR
30,000 on or before 31 July 2023.
-
In accordance with clause 6 of the Agreement, the Player was entitled to EUR
139,500 from 30 September 2023 to 31 May 2024.
-
In accordance with clause 7 of the Agreement, the Player was entitled to a
monthly amount of EUR 1,800 to cover his expenses, that is EUR 21,600 for the
period from 1 June 2023 to 31 May 2024.
-
The Agreement mentioned that the Player was entitled to “bonuses” however,
such amounts were subject to the fulfilment of certain conditions. Nevertheless,
the Claimant merely referred to a bonus entitlement of EUR 12,000 (cf., Table)
without providing any evidence of the contractual basis and/or actual
performance.
-
The Table contained a section entitled “SAG” in which the Player claimed that he
was entitled to three amounts totalling EUR 82,900 as follows: (i) EUR 30,000 in
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REF. FPSD-16157
June 2023; (ii) EUR 27,900 in July 2023; and (iii) EUR 25,000 in August 2023. Again,
the Player did not provide any information explaining the reason or contractual
basis for such payments.
-
The Player acknowledged that the Club had paid him EUR 251,950 from June 2023
to July 2024.
38. In view of the above, the Chamber concluded that the Player was entitled EUR 321,600 from
1 June 2023 to 31 May 2024 (i.e., EUR 100,000 + EUR 30,500 + EUR 30,000 + EUR 139,500 +
EUR 21,600). However, the DRC expressly rejected the Player’s claims for bonuses and
those relating to the “SAG” due to the lack of contractual basis and supporting
documentation.
39. It followed, in the Chamber’s view that the Respondent had failed to pay EUR 69,650 (i.e.,
EUR 321,600 minus EUR 251,950).
40. 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 EUR 69,650.
41. In addition, taking into consideration the Claimant’s unspecified 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 amount as from the date of the
claim (i.e., 20 September 2024) until the date of effective payment.
42. The Chamber also emphasised that the Claimant’s claim for a higher interest rate of 18%
p.a. also lacked a contractual or regulatory basis and was therefore rejected.
ii. Compliance with monetary decisions
43. 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.
44. 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.
45. 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
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REF. FPSD-16157
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.
46. 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.
47. 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
48. 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.
49. 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.
50. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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REF. FPSD-16157
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Waris Majeed, is partially accepted.
2.
The Respondent, ANORTHOSIS FAMAGUSTA, must pay to the Claimant EUR 69,650 as
outstanding remuneration plus 5% interest p.a. as from 20 September 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
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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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