Labour Disputes
Texto da decisão
REF. FPSD-15538
Decision of the
Dispute Resolution Chamber
passed on 21 November 2024
regarding an employment-related dispute concerning the player Ibrahima
Ndiaye
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Andre DOS SANTOS MEGALE (Brazil), Member
CLAIMANT:
Ibrahima Ndiaye, Senegal
Represented by Global Sport Consulting
RESPONDENT:
El Zamalek, Egypt
Represented by Sport Makers
pg. 2
REF. FPSD-15538
I. Facts of the case
1. On 1 September 2022, the Senegalese player Ibrahima Ndiaye (hereinafter, the “Claimant”
or “Player”) and the Egyptian club El Zamalek (hereinafter, the “Respondent” or “Club”)
concluded an employment contract (hereinafter, the “Federation Contract”).
2. The Federation Contract between the parties was valid for the 2022/23 and 2023/24 football
seasons, with the third 2024/25 football season bearing the following condition:
“Duration of this contract : Three Seasons
Begins from season : 2022/20223
And Ends at the end of season : 2024/2025
Season 2024/2025 is optional for the club only”.
3. Furthermore, the Federation Contract contained the following clause 6.2:
“Season 2024/2025 is optional for the club and the club has the right to terminate the contract
after the end of season 2023/2024 in condition of notifying the player in written or via email by
not later than 1 april 2024.”
4. In accordance with the Federation Contract, the Respondent undertook to pay to the
Claimant inter alia
“The two parties agreed on value of the contract gross amount of: 3,184,625$ to be distributed
as follows.
Three million one hundred and eighty-four thousand and six hundred and twenty-five US Dollars
First season value 2022/2023
An amount of (1,107,695 $) divided as follows:
Only One million and one hundred and seven thousand and six hundred and ninety five US
Dollars
1st Installment an amount of: 415,385 $ only EGP / USD paid on 15/9/2022
2nd Installment an amount of: 69,231 $ only EGP / USD paid on 1/11/2022
3rd Installment an amount of: 69,231 $ only EGP / USD paid on 1/12/2022
4th Installment an amount of: 69,231 $ only EGP / USD paid on 1/1/2023
5th Installment an amount of: 69,231 $ only EGP / USD paid on 1/2/2023
6th Installment an amount of: 69,231 $ only EGP / USD paid on 1/3/2023
7th Installment an amount of: 69,231 $ only EGP / USD paid on 1/4/2023
8th Installment an amount of: 69,231 $ only EGP / USD paid on 1/5/2023
9th Installment an amount of: 69,231 $ only EGP / USD paid on 1/6/2023
10th Installment an amount of: 69,231 $ only EGP / USD paid on 1/7/2023
pg. 3
REF. FPSD-15538
11th Installment an amount of: 69,231 $ only EGP / USD paid on 1/8/2023
12th Installment an amount of: _[strikethrough]_ $ only EGP / USD paid on / /20
[...]
Second season value 2023/2024
An amount of (1,000,000 $) divided as follows:
Only One million US Dollars
1st Installment an amount of: 250,000 $ only EGP / USD paid on 15/8/2023
2nd Installment an amount of: 75,000 $ only EGP / USD paid on 1/9/2023
3rd Installment an amount of: 75,000 $ only EGP / USD paid on 1/10/2023
4th Installment an amount of: 75,000 $ only EGP / USD paid on 1/11/2023
5th Installment an amount of: 75,000 $ only EGP / USD paid on 1/12/2023
6th Installment an amount of: 75,000 $ only EGP / USD paid on 1/1/2024
7th Installment an amount of: 75,000 $ only EGP / USD paid on 1/2/2024
8th Installment an amount of: 75,000 $ only EGP / USD paid on 1/3/2024
9th Installment an amount of: 75,000 $ only EGP / USD paid on 1/4/2024
10th Installment an amount of: 75,000 $ only EGP / USD paid on 1/5/2024
11th Installment an amount of: 75,000 $ only EGP / USD paid on 1/6/2024
12th Installment an amount of: _[strikethrough]_ $ only EGP / USD paid on / /20
[...]
Third season value 2024/2025 (optional for the club only)
An amount of (1,076,930 $) divided as follows:
Only one million and seventy-six thousand and nine hundred and thirty US Dollars
1st Installment an amount of: 269,230 $ only EGP / USD paid on 15/8/2024
2nd Installment an amount of: 80,700 $ only EGP / USD paid on 1/9/2024
3rd Installment an amount of: 80,700 $ only EGP / USD paid on 1/10/2024
4th Installment an amount of: 80,700 $ only EGP / USD paid on 1/11/2024
5th Installment an amount of: 80,700 $ only EGP / USD paid on 1/12/2024
6th Installment an amount of: 80,700 $ only EGP / USD paid on 1/1/2025
7th Installment an amount of: 80,700 $ only EGP / USD paid on 1/2/2025
8th Installment an amount of: 80,700 $ only EGP / USD paid on 1/3/2025
9th Installment an amount of: 80,700 $ only EGP / USD paid on 1/4/2025
10th Installment an amount of: 80,700 $ only EGP / USD paid on 1/5/2025
11th Installment an amount of: 80,700 $ only EGP / USD paid on 1/6/2025
12th Installment an amount of: _[strikethrough]_ $ only EGP / USD paid on / /20.”
5. Additionally, pursuant to the Federation Contract, the Respondent undertook to pay to the
Claimant the following remuneration:
pg. 4
REF. FPSD-15538
“4) The player will receive a housing allowance of 20,000 EGP per month net of any taxes or fees
during the term of the contract.
5) The player will receive a car allowance of 15,000 EGP per month net of any taxes or fees during
the term of the contract.
6) The player will receive 2 flight tickets for each season during the term of the contract.”
6. According to the information retrieved from the FIFA Transfer Matching System (TMS):
•
on 3 September 2022, the Club started a transfer instruction in order to engage the
Player permanently (Transfer ID: 576005/576880);
•
as part of the aforementioned transfer instruction, the Club uploaded an Arabic copy of
the Federation Contract and listed the field “End of contract” as 31 July 2025;
•
on 15 September 2022, the Player was registered with the Club.
7. Also in accordance with the TMS, the 2023/2024 Egyptian men’s football season concluded
on 30 August 2024, and its 2024/2025 season commenced on 26 October 2024, concluding
30 June 2025.
8. On 30 March 2024, the Respondent notified the Claimant that the Respondent would not
enforce the third contract year for the 2024/2025 football season.
9. On 24 June 2024, the Claimant sent a default notice to the Respondent, citing the following
overdue payables totalling USD 725,000 net, and granting the Respondent 15 days to cure
the default:
- 30,000 USD net due on 01.07.2023 (season 2022-23)
- 45,000 USD net due on 01.08.2023 (season 2022-23)
- 162,500 USD net due on 15.08.2023 (season 2023-24)
- 48,750 USD net due on 01.09.2023 (season 2023-24)
- 48,750 USD net due on 01.10.2023 (season 2023-24)
- 48,750 USD net due on 01.11.2023 (season 2023-24)
- 48,750 USD net due on 01.12.2023 (season 2023-24)
- 48,750 USD net due on 01.01.2024 (season 2023-24)
- 48,750 USD net due on 01.02.2024 (season 2023-24)
- 48,750 USD net due on 01.03.2024 (season 2023-24)
- 48,750 USD net due on 01.04.2024 (season 2023-24)
- 48,750 USD net due on 01.05.2024 (season 2023-24)
- 48,750 USD net due on 01.06.2024 (season 2023-24)
pg. 5
REF. FPSD-15538
10. On 25 July 2024, the Claimant notified the Respondent that due to the Club’s failure to
honour its financial commitment, he was terminating the Federation Contract with
immediate effect.
11. Following the termination, the Player signed a contract with the Saudi Arabian club Al
Hazem, valid as from 1 September 2024 until 30 June 2025.
12. Al Hazem undertook, inter alia, to pay the Player a monthly salary of USD 40,000 net payable
the last day of each month, as well as an advance payment of USD 50,000 net, payable on 1
January 2025.
II. Proceedings before FIFA
13. On 11 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
14. According to the Claimant, the Respondent failed to pay the USD 725,000 cited in the default
notice and as such, he had no choice but to terminate the Federation Contract with just
cause in accordance with art. 14bis of the Regulations on the Status and Transfer of Players
(hereinafter, the “Regulations”).
15. The Claimant argued that the nature of clause 6.2 of the Federation Contract was a
termination clause (as opposed to a unilateral option); that is, the Federation Contract
duration specified three seasons, with the Club’s right to terminate at the end of the
2023/2024 football season, provided that it gave notice to the Claimant no later than 1 April
2024.
16. The Claimant stated this interpretation was further supported by the Club in fact giving
notice of not enforcing the 2024/2025 football season year in the Federation Contract.
17. The Claimant further argued that such provision was null and void according to the
jurisprudence of the Football Tribunal and the Court of Arbitration for Sport (CAS) because
it gave the Club the right to terminate the Federation Contract early without providing any
compensation to the Player.
18. The Claimant requested the following relief:
“1. The [Player] respectfully requests the FIFA Dispute Resolution Chamber to:
(i) determine that player had just cause to terminate the [Federation Contract].
pg. 6
REF. FPSD-15538
(ii) order [the Club] to pay to the player a the total amount of : Seven hundred twenty five
thousand USD ( 725.000 USD ) plus an interest of 5% p.a. as from
* 5% of 30,000 USD from 02.07.2023 until the effective payment .
* 5% of 45,000 USD from 02.08.2023 until the effective payment .
* 5% of 162,500 USD from 16.08.2023 until the effective payment .
* 5% of 48,750 USD from 02.09.2023 until the effective payment .
* 5% of 48,750 USD from 02.10.2023 until the effective payment .
* 5% of 48,750 USD from 02.11.2023 until the effective payment .
* 5% of 48,750 USD from 02.12.2023 until the effective payment .
* 5% of 48,750 USD from 02.01.2024 until the effective payment .
* 5% of 48,750 USD from 02.02.2024 until the effective payment .
* 5% of 48,750 USD from 02.03.2024 until the effective payment .
* 5% of 48,750 USD from 02.04.2024 until the effective payment .
* 5% of 48,750 USD from 02.05.2024 until the effective payment .
* 5% of 48,750 USD from 02.06.2024 until the effective payment .
(iii) Order [the Club] to pay to the player a compensation for the breach of the contract by a
total amount of :
-
-
One million seventy six thousand and nine hundred thirty USD ( 1,076,930 USD) plus an
interest of 5 per cent p.a from the date of 25 July 2024 until the effective payment.
Two hundred thousand Egyptian pounds (240,000 Egyptian pounds) plus an interest of 5
per cent p.a from the date of 25 July 2024 until the effective payment..
One hundred Eithy[sic] Egyptian pounds (180,000 Egyptian pounds) Egyptian pounds
accoding[sic] to article 6.5 of the contract plus an interest of 5 per cent p.a from the date
of 25 July 2024 until the effective payment.
Four Hundred Eighty Four thousand six hundred twenty USD (484,620 USD) as an
additional compensation plus an interest of 5 per cent p.a from the date of 25 July 2024
until the effective payment.
(v) Impose any sanction to the Club as considered appropriate.”
b. Position of the Respondent
19. In its reply, the Respondent rejected part of the Claimant’s claim.
20. The Respondent did not deny that it owed the outstanding remuneration claimed but
argued that it did not terminate the contract prematurely.
21. The Respondent submitted that the 2024/2025 football season portion the contract term
was a unilateral option, and that the contract structure was comprised of a two-year term
with a one-year option (“2+1”), contrary to the Claimant’s assertion that the term was a
pg. 7
REF. FPSD-15538
three-year term with a termination clause permitting the Club to terminate the final contract
year early upon notice.
22. In support of its position, the Respondent submitted an alternate version of the Federation
Contract (hereinafter, the “Initial Agreement”). Therein, it was acknowledged that the
Federation Contract was submitted to the Egyptian Football Association (EFA) for
registration of the Player with the Club, and that the Initial Agreement specified that the
Federation Contract would include the “exact terms mentioned in this [Initial] [A]greement”.
23. The Respondent argued that that the Federation Contract was “a kind of adoption of the initial
agreement in light of respecting the required restrictions and formalities necessary for these
standard templates,” and that “monies in both [agreements] are matching but they are
mentioned in their net amounts in the [Initial] Agreement whilst they are mentioned as gross in
the [Federation Contract].”
24. The Respondent cited the language from the Initial Agreement which provided that the
contract was “for 2 seasons starting from season 2022-2023 till the end of season 2023-2024
with option for the club only to extend the contract for one more season 2024-2025, such option
should be notified to the player by email not later than 1st of April 2024.”
25. Furthermore, the Respondent argued that the Claimant relied upon the Initial Agreement in
coming up with his claimed outstanding payments, as they were expressed in net while the
Federation Contract provided gross amounts.
26. Subsidiarily, the Respondent argued that, should the Football Tribunal find that termination
without just cause did occur, the Claimant would only be entitled to the residual value for
the 10 remaining salaries of the 2023/2024 football season, not for the additional year of
the 2024/2025 football season as claimed.
27. The Respondent requested the following:
“To accept the present Response; and
To rule that the [Initial Agreement] is the document that governed the Parties’ employment
relationship; and
To rule that the term of the Parties’ employment relationship was two years only; and
To rule that the Club did not prematurely dismiss the Player; and
To rule that the Player is not entitled to any compensation; and
To rule that the Player is only entitled to USD 725,000 as outstanding remunerations; or
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REF. FPSD-15538
Alternatively, if the Honorable DRC ruled that the Club terminated the contract without just
cause,
the Player’s compensation shall be mitigated; and
To rule that the Player is not entitled to any additional compensation; or
Alternatively, if the Honorable DRC ruled that the Player is entitled to any additional
compensation, it shall be limited to USD 146,250 only.”
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
28. 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 11 August 2024 and submitted for decision on 21
November 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.
29. 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 (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 Senegalese player and an Egyptian club.
30. 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 (October 2024 edition), and considering that the present claim was
lodged on 11 August 2024, the June 2024 edition of the Regulations is applicable to the
matter at hand as to the substance.
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
TMS.
pg. 9
REF. FPSD-15538
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 preliminarily took note of the
fact that the parties do not dispute that the Respondent owed USD 725,000 in outstanding
remuneration.
34. The Chamber further noted that the parties strongly disputed the contractual terms for their
employment relationship, the termination without just cause by the Respondent, and
whether only the outstanding remuneration was owed, or the Respondent owed an
additional residual value as compensation.
35. In this context, the Chamber acknowledged that its task was to determine (1) which contract
governed the parties’ employment relationship; (2) whether in view of the foregoing, the
2024/2025 football season formed part of the contractual term with a termination clause,
or whether it represented an option for the Club; (3) consequently, whether either party
breached the contract with or without just cause; and (4) the consequences of any such
breach, if any.
The Governing Contract
36. The Chamber took note that the Respondent claimed that the contract governing the
employment relationship should be the Initial Agreement and that it was intended to
represent identical terms to the version ultimately submitted to the EFA.
37. However, the Chamber noted that the Federation Contract made no mention of the Initial
Agreement. At the same time, the Federation Contract did not include a clause stating it was
the final agreement between the parties, superseding all prior understandings.
38. Nonetheless, the Chamber observed that there were indeed changes discernible between
the two documents, for instance:
-
As called out by the Respondent itself, the term in the Federation Contract was
specified differently than the Initial Agreement, with the former specifying “three
seasons” with the 2024/2025 season being “optional for the club”, while the latter
provided that the term was “for 2 seasons starting from season 2022-2023 till the end
pg. 10
REF. FPSD-15538
of season 2023-2024 with option for the club only to extend the contract for one more
season 2024-2025, such option should be notified to the player by email not later than 1st
of April 2024.”
-
The salary instalments expressed the amounts differently, which the Respondent
stated was attributable to being expressed in gross on the Federation Contract
versus net on the Initial Agreement.
-
At least some of the payment due dates were altered: In the Federation Contract, the
first instalment due in the 2023/24 season was due on 15 August 2023, whereas in
the Initial Agreement it is due on 1 September 2023.
39. In continuation, the Chamber observed that the TMS information showed that the
Federation Contract (albeit untranslated) was the version uploaded as part of the transfer,
and further, that the contract end date was specified as the end of the 2025 football season,
not the end of the 2024 football season the Respondent had suggested.
40. In light of the foregoing, and considering that the Federation Contract was fully executed at
a later date than the Initial Agreement, and further considering that the Federation Contract
was uploaded and information entered reflecting the same into the TMS, with the content
therein not appearing ambiguous, the DRC based its analysis exclusively on the language
provided in the Federation Contract, without considering earlier versions.
The 2024/2025 Football Season – Option or Term?
41. The Chamber recalled that the parties disagreed as to whether the third contractual year
spanning the 2024/2025 football season constituted part of the natural contractual term,
with the Club retaining the option to terminate the Federation Contract early (the Claimant’s
position), or whether this part constituted a Club-only option for the 2024/2025 football
season with the Club’s right not to exercise it upon giving proper and timely notice (the
Club’s position).
42. Reviewing the language of the Federation Contract, the Chamber noted that the final
contract year was expressed as follows:
“Duration of this contract : Three Seasons
Begins from season : 2022/20223
And Ends at the end of season : 2024/2025
Season 2024/2025 is optional for the club only
[...]
pg. 11
REF. FPSD-15538
Season 2024/2025 is optional for the club and the club has the right to terminate the
contract after the end of season 2023/2024 in condition of notifying the player in written
or via email by not later than 1 april 2024.” (emphasis added by the DRC)
43. The Chamber further observed that the language did not state that the term expired at the
conclusion of the 2023/2024 football season, nor that the Club may, on or before a specified
date, extend the contractual term for an additional 2024/2025 season.
44. Rather, as the Chamber noted, the language provided that the final contractual year was
optional, insofar as the Club retained the right to “terminate the contract at the end of season
2023/2024” – a right that was not reciprocally granted to the Player.
45. Of further note, the Chamber recalled that there were no identifiable mutual concessions
by the parties as to the termination of the 2024/2025 contractual year.
46. As such, the Chamber concluded that in accordance with its well-established jurisprudence,
the provision 6.2 of the Federation Contract was null and void as it represented a unilateral
termination clause, wherein the Club retained the right to terminate the Federation
Contract early in its sole discretion, providing as a condition only that it notify the Player no
later than 1 April 2024, but no additional compensation or consideration.
Did the Claimant terminate the Federation Contract with just cause? Did the Respondent
terminate the Federation Contract without just cause?
47. Having established the foregoing, the Chamber turned to the question of termination of the
Federation Contract.
48. The Chamber took note that initially, the Claimant alleged that the Respondent exercised
the termination clause on 30 March 2024, notifying the Claimant that it was not retaining
the Player for the 2024/2025 football season.
49. However, the Chamber also observed that the Claimant ultimately claimed that he
terminated the Federation Contract with just cause for the Club’s failure to pay outstanding
remuneration prior to the final contract year going into effect/the termination of the
Respondent being realized.
50. The Chamber further recalled that the parties did not dispute that USD 725,000
representing 13 unpaid instalments were due at the time of the default notice (24 June 2024)
arising from the Federation Contract:
- 30,000 USD net due on 01.07.2023 (season 2022-23)
- 45,000 USD net due on 01.08.2023 (season 2022-23)
- 162,500 USD net due on 15.08.2023 (season 2023-24)
- 48,750 USD net due on 01.09.2023 (season 2023-24)
pg. 12
REF. FPSD-15538
- 48,750 USD net due on 01.10.2023 (season 2023-24)
- 48,750 USD net due on 01.11.2023 (season 2023-24)
- 48,750 USD net due on 01.12.2023 (season 2023-24)
- 48,750 USD net due on 01.01.2024 (season 2023-24)
- 48,750 USD net due on 01.02.2024 (season 2023-24)
- 48,750 USD net due on 01.03.2024 (season 2023-24)
- 48,750 USD net due on 01.04.2024 (season 2023-24)
- 48,750 USD net due on 01.05.2024 (season 2023-24)
- 48,750 USD net due on 01.06.2024 (season 2023-24)
51. The Chamber observed that the Claimant provided a default notice to the Respondent,
giving the Respondent 15 days to fulfil its financial obligation and the Respondent did not
dispute that it failed to pay the stated amount and in fact confirmed that said amount
remained due at the time of its reply.
52. As such, notwithstanding the fact that the Respondent in fact elected to terminate the
Federation Contract as of the future final contractual year, the DRC found that the Claimant
indeed had just cause pursuant to art. 14bis of the Regulations to terminate the Federation
Contract effective sooner, i.e., on 25 July 2024.
What are the consequences of this termination?
53. Having established the foregoing, the Chamber turned to the question of the consequences
of the just cause termination, i.e., how much remuneration was owed by the Respondent
under the Federation Contract.
54. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Claimant, is equivalent to USD 725,000,
which the DRC decided to award to the Claimant on the basis of the general legal principle
of pacta sunt servanda.
55. 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 from the date following each respective due date
until the date of effective payment.
56. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player by the Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
country concerned, the specificity of sport and further objective criteria, including in
particular, the remuneration and other benefits due to the player under the existing
contract and/or the new contract, the time remaining on the existing contract up to a
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REF. FPSD-15538
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
57. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to whether the pertinent employment contract contained a provision by means of which
the parties had beforehand agreed upon an amount of compensation payable by the
contractual parties in the event of breach of contract. In this regard, the Chamber recalled
that the termination clause included in the Federation Contract was inapplicable and that
there was no further compensation clause included therein.
58. As a consequence, the Chamber determined that the amount of compensation payable by
the Club to the Player had to be assessed in application of the other parameters set out in
art. 17 par. 1 of the Regulations.
59. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Federation
Contract from the date of its unilateral termination until its end date. Consequently, the
Chamber concluded that the following amount serves as the basis for the determination of
the amount of compensation for breach of contract:
-
USD 1,076,939 representing the salaries of the 2024/2025 season portion;
EGP 240,000 representing 12 months’ housing allowance;
EGP 180,000 representing 12 months’ car allowance.
60. In continuation, the Chamber verified as to whether the Player had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice of the
DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new
employment contract shall be taken into account in the calculation of the amount of
compensation for breach of contract in connection with the Player’s general obligation to
mitigate his damages.
61. Indeed, the Player found employment with Al Hazem. In accordance with the pertinent
employment contract, the Player was entitled to approximately USD 40,000 per month for
10 months coinciding with the remaining term of the Federation Contract, plus an advance
payment of USD 50,000, payable 1 January 2025. Therefore, the Chamber concluded that
the Player mitigated his damages in the total amount of USD 450,000, that is, USD 40,000
times 10, plus USD 50,000.
62. Subsequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which a player is entitled to an amount corresponding to three monthly salaries as
additional compensation should the termination of the employment contract at stake be
due to overdue payables. In the case at hand, the Chamber confirmed that the termination
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REF. FPSD-15538
took place due to said reason i.e. overdue payables by the Club, and therefore decided that
the Player shall receive additional compensation.
63. In this respect, the DRC decided to award the amount of additional compensation of USD
242,310, i.e. three times the monthly remuneration of the Player at the time of the
termination.
64. Consequently, on account of all of the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay to the USD 869,240 (i.e.,
USD 1,076,930 minus USD 450,000 plus USD 242,310) plus EGP 420,000, which was to be
considered a reasonable and justified amount of compensation for breach of contract in
the present matter.
65. Moreover, taking into consideration the Player’s request as well as the constant practice of
the Chamber in this regard, the latter decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 25 July 2024, the date of termination, until the date
of effective payment.
ii. Compliance with monetary decisions
66. 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.
67. 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.
68. 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.
69. 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.
pg. 15
REF. FPSD-15538
70. 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
71. 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.
72. 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.
73. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-15538
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Ibrahima Ndiaye, is partially accepted.
2.
The Respondent, El Zamalek, must pay to the Claimant the following amount(s):
- USD 30,000 as outstanding remuneration plus 5% interest p.a. as from 2 July 2023 until
the date of effective payment;
- USD 45,000 as outstanding remuneration plus 5% interest p.a. as from 2 August 2023
until the date of effective payment;
- USD 162,000 as outstanding remuneration plus 5% interest p.a. as from 16 August 2023
until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 September
2023 until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 October 2023
until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 November
2023 until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 December
2023 until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 January 2024
until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 February 2024
until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 March 2024
until the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 April 2024 until
the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 May 2024 until
the date of effective payment;
- USD 48,750 as outstanding remuneration plus 5% interest p.a. as from 2 June 2024 until
the date of effective payment;
pg. 17
REF. FPSD-15538
- USD 869,240 plus EGP 420,000 as compensation for breach of contract plus 5% interest
p.a. as from 25 July 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. 18
REF. FPSD-15538
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. 19