Labour Disputes
Texto da decisão
REF. FPSD-16220
Decision of the
Dispute Resolution Chamber
passed on 3 July 2025
regarding an employment-related dispute concerning the player
Dennis Nganga Njire
BY:
Frans DE WEGER (The Netherlands), Chairperson
Michele COLUCCI (Italy), Member
Jorge GUTIÉRREZ (Costa Rica), Member
CLAIMANT / COUNTER-RESPONDENT:
Dennis Nganga Njire, Kenya
Represented by Yakub Kizilkaya
RESPONDENT / COUNTER-CLAIMANT:
Zanaco FC, Zambia
Represented by Chipili Salati
pg. 2
REF. FPSD-16220
I. Facts of the case
1.
On 30 December 2023, the Kenyan player, Dennis Nganga Njire (hereinafter: the Player or
the Claimant), and the Zambian club, Zanaco FC (hereinafter: the Club or the Respondent)
entered into an employment contract (hereinafter: the Contract) valid as from 1st July 2024
until 30 June 2026.
2.
Art. 5.1 of the Contract provides, quoted verbatim:
“5.1 The Club shalla) pay the Player a salary and allowances as set out in Appendix I net of all taxes and other
statutory obligations in accordance with the Laws of Zambia; and
b) be responsible for remitting the taxes and statutory obligations referred to in paragraph
(a).’’
3.
Appendix 1 A of the Contract provides, quoted verbatim:
‘’REMUNERATION AND FINANCIAL CONDITIONS
A. SALARY
(1) Your Gross Salary shall be Kwacha Forty-Four Thousand (K44,000.001. PAYE, NHI and
NAPSA dues shall be paid in accordance with the law. All salary advances should be applied
for, and Management has the right to either approve or decline the application.
(2) The Club will provide accommodation to the player in a shared house.”
4.
Appendix 1 B of the Contract provides, quoted verbatim:
“B. b. Winning BONUS
You will be paid the following winning bonus allowances, subject to clause 5.1 (a), as
indicated below:
b.1.1 League matches
b.1.1.1 K5,000.00 for a home win and K5,000.00 for an away win with K300 for each
unanswered league goal scored for both home and away matches. The above
amount may be varied depending on the magnitude of a particular game subject to
Board Approval. The maximum number of goals for which the amount is payable is
limited to 3 goals.
b.1.1.2 A draw or loss at home or away will not attract any allowance.”
pg. 3
REF. FPSD-16220
5.
Art. 4.0 of the Contract provides, quoted verbatim:
“4.0 OBLIGATIONS OF THE PLAYER
4.1 The Player shall comply with the FIFA Regulations on the Status and Transfer of Players,
the Code and other Rules and Regulations of FIFA and the other Rules and Regulations of the
Club and shall - when directed to do so by an authorised official of the Club
a) attend matches in which the Club is scheduled to play;
b) participate in any match in which the Player is selected to play for the Club;
c) attend at any reasonable place for the purposes of and to participate in training and
match preparation;
d) participate in Club sporting and commercial events;
e) play to the best of the Player's skill and ability at all times;
f) extend courtesy toward all persons involved in matches and training sessions, observe
the rules of the game of football and accept decisions made by match officials;
g) wear the appropriate team kit and attire in accordance with the guidelines of the Club
whilst playing for or representing the Club;
h) maintain a healthy lifestyle and high standard of physical fitness at all times and not
indulge in any activity or practice which might endanger such fitness or inhibit his mental
or physical ability to play, practice or train;
i) undergo regular medical examination and/or treatment on the prescription of the Club
Doctor) abide the Anti-Doping Regulations set out by the Club, FIFA, CAF and FAZ and the
other rules and regulations of the Club, FIFA, CAF and FAZ;
k) ensure that there is no damage to, or loss of, Club equipment due to negligence or malice
on the part of the Player”
6.
Art. 7.0 of the Contract provides, quoted verbatim:
“7.0 INJURIES AND IIINESS
7.1 The Player shall notify the Club in the event of any illness or accident and shall not undergo
any medical treatment prior to being examined by the Club Doctor, except in the case of an
emergency, in which instance the Player shall present a medical certificate.
pg. 4
REF. FPSD-16220
7.2 The Player shall have the right to seek a second opinion from an independent doctor if
the Player contests the opinion of the Club Doctor, however in the event that the Parties fail
to agree, the Parties shall seek an independent third opinion, which opinion shall be final and
binding.
7.3 ln the instance that the Player is unable to fulfil his obligations as stipulated in this
Contract due to injury obtained by the Player whilst in the conduct of activities outside the
activities permitted in this Contract the Player shall only be entitled to accrued benefits up to
the date of injury and shall forfeit all the insurance covers that the player would ordinarily
have been entitled to.
7.4 All insurance claims for the Player shall be made by the Club.’’
7.
Art. 11. of the Contract provides, quoted verbatim:
“11.1 The Player shall be entitled to terminate this contract upon expiry of the term of
Contractor by mutual agreement.
11.2 The Player shall be entitled to terminate this contract by fourteen (14) days' notice
inwriting to the Club if the Club:
a) shall be guilty of serious or persistent breach of the terms and conditions of this contract;
or
b) fails to pay any remuneration or other payments or bonuses due to the Player or make
available any benefits due to him as it or they fall due or within fourteen days thereafter
and has still failed to make payment in full or make the benefits available by the expiry of
the said fourteen (14) days' notice.
11.3 The Club may within fourteen (14) days of receipt of any notice of termination of this
contract by the Player in accordance with clause 11.2 give written notice of appeal against
such termination to the Player and to the League which shall hear such appeal in accordance
with procedures applicable pursuant to the League Rules.
11.4 Upon any termination of this contract by the Player becoming operative the Club shall
forth with release the Player's registration.”
8.
In February 2024, the Player sustained an injury and underwent a Magnetic Resonance
Imaging (MRI) scan on 13 March 2024, that revealed an injury to the gastrocnemius muscle
(left calf).
9.
On 4 June 2024, the Player’s agent wrote an email to the Club mentioning that the Player
will not terminate the Contract, despite alleging that the Player said so the week before,
pg. 5
REF. FPSD-16220
and that a third-party club in Cambodia might communicate with the Club as they
expressed interest in the Player.
10. On 25 July 2024, the Player underwent a second MRI scan that revealed a hematoma on
the gastrocnemius muscle.
11. On 14 August 2024, members of the medical team of the Club emailed, Mr. Poster Kaluba,
Finance Manager of the Club, (hereinafter: the Finance Manager) mentioning that they were
unable to provide assessment of the Player’s fitness and complaining of his uncooperative
behaviour towards the treatment plan, namely, that he underwent physical therapy by
third-party therapist without the Club’s medical team consent.
12. On 15 August 2024, a member of the Club’s medical team wrote an email to the Finance
Manager indicating that the Player would need an additional week of physiotherapy, which
was supposed to begin on 19 August 2024.
13. On 20 August 2024, a member of the Club’s medical team wrote an email to the Finance
Manager indicating that the Player has still tenderness on his left gastrocnemius muscle
and that his recovery time could take 6 to 9 weeks as it is recurring injury. The email
includes a mention ‘’With this type of injury it is difficult to predict the exact duration of full
recovery.’’
14. On 20 August 2024, a call was held between the Player’s agent and the Club.
15. On 20 August 2024, the registration period in Zambia closed per the information contained
in the Transfer Matching System (TMS).
16. On 23 August 2024, representatives of the Club and the Player’s agent held a WhatsApp
call.
17. On 26 August 2024, the Player’s agent sent a letter to the Club raising that it had allegedly
held a meeting with the Player on 21 August 2024 and informing him that he was not
registered because of an injury.
18. In his letter, the Player’s agent is denouncing the situation and claiming that the Player’s
non-registration is not injury related, but rather a devious way to avoid a limit on
registration of foreign players in the Zambian league. The Player’s agent mentioned that
the Club’s medical team failed to assist the Player and that he was permitted by the Club’s
Chairman to travel to Nairobi, Kenya, to seek medical treatment. The Player’s agent
requested the following to the Club:
‘’ The player would like to claim the following as total compensation:
pg. 6
REF. FPSD-16220
1. All remaining 22 months future gross salaries as per signed contract (i.e.
ZMW44,000.00 x 22 valued at K968,000.00).
2. All future match win bonuses for 68 games the player would have featured in during
the contractual period that is, K5,000 x 68 valued at K340,000.00
3. All goal allowances up to maximum of 3 goals for 67 games that is, K900 x 67 games
valued at K60,000.00
4. All future cup game allowances valued at K5,200 times the number of local cup to be
held in over the contractual period.
5. All future CAF competitions allowances for 2025/2026 that is, USD$1,400.00 for
preliminary round, USD$6,600.00 for group stage, and USD$2,400 for quarter final.
6. The player has suffered so much due to this unlawful deregistration and will now
experience the following:
a) Miss out on National Team selection for the 2024 2025 season since it will
take several months to recover fully psychologically and even land a new club.
b) He will suffer loss of scouting opportunities which come with playing in
National team competitions to which he may never recover anytime soon.
c) He will suffer Great loss of income which would have come from being
scouted by bigger clubs during CAF competitions and international Friendlies.
The above will all take an Economic Toll on the player and Dennis hereby claims
compensation towards the same from ZANACO FOOTBALL CLUB to the Tune of 200000
USD which is also consistent with article 13.1 [a] of the club’s contract which placed a
similar valuation on the player.”
19. On 6 September 2024, the Club answered the Player’s agent letter mentioning that:
a.
The Player underwent an MRI scan in January 2024 that revealed an injury
to the left calf that prevented him to play for the rest of the season
2023/2024;
b.
The Player underwent a second MRI scan on 29 July 2024, that revealed
another injury to the same muscle, prompting the Club’s doctors to require
him to rest;
c.
The Player requested to be excluded from the preseason training as he was
experiencing pain;
pg. 7
REF. FPSD-16220
d.
The Player was not cooperative with the Club’s medical team, seeking
treatment in Zambia and Kenya from other medical personnel without
consultation or consent of the Club’s medical team;
e.
On 14 August 2024, the Player underwent a third medical exam, which
revealed that the injury was still present and had the medical evaluate the
recovery period at 6 to 9 weeks;
f.
The Club had informed the Player that he would not be registered, for the
first part of the Championship, considering his recovery period, but that he
would be registered in January 2025 following his recovery;
g.
The Club disputed the Player’s agent’s allegation that they had not informed
the Player or his agent of the non-registration, stating that they had calls on
20 August 2024 and 23 August 2024 with them regarding the situation;
h.
The Club also rejected allegation that the Player would miss playing time
due to his non-registration, asserting that the Club’s medical team had
deemed him unfit to play. They emphasized that the Player would be
registered once he had recovered, in January 2025. In the meantime, the
Club confirmed that they had informed the Player that he would continue
to receive his agreed wages despite not being registered; and
i.
Ultimately, the Club denied having breached the Player’s contract.
20. On 17 September 2024, the Player through his legal representative answered, via email,
the Club’s letter of 6 September 2024. The content of this emails is summarized as follows:
a.
The Player contested that he had agreed to the non registration. He stated
that he was fit to play alleging that he had participated in a match on 24
April 2024 and trained with the first team until 20 August 2024;
b.
The Player restated that the Club had not registered him in order to comply
with the foreign player quota. The Player mentions that as of the deadline
for registration of 20 August 2024, he was still training with the first team
and that even if he had to complete a 6 to 9 weeks recovery period a non
registration of 4 months, until January 2025 was invalid; and
c.
The Player concluded by stating that the Club was in breach of the Contract
and requested to be registered within the 3 days following the notification
of the letter, otherwise he would terminate the contract.
21. On 21 September 2024, at 9:27 (South Africa Standard Time), a representative of the Club
sent an email to the Player mentioning that he was suspended from training, until he
pg. 8
REF. FPSD-16220
completed medical exams ordered by a member of the medical team, Dr Chrispine
Kapambwe. The email mentions that the Player mentioned that that he was not available
to undergo the requested exams.
22. On 21 September 2024, at 16:46 (South Africa Standard Time) the Player terminated the
Contract.
23. On 21 September 2024, at 19:15 (South Africa Standard Time), the Club sent a letter to the
Player, via email, answering the notification of 17 September 2024. The Content of this
email is summarized as follows:
a.
The Club reiterated that it maintains a valid employment contract with the
Player, who continues to receive his remuneration. It emphasized that the
contract imposes a duty of care, requiring the Club to ensure the Player’s
proper recovery and fitness;
b.
The Club noted that the Player has been sidelined for seven months and is
currently engaged in light training and muscle-strengthening exercises as
part of his recovery. It clarified that the Player did not participate in a match
on 24 April 2024, as claimed by his representative, but that the referenced
match actually took place on 25 November 2023;
c.
The Club stated that the Player was scheduled to undergo a medical
examination with the Club’s medical team on 19 September 2024, but failed
to attend, allegedly following instructions from his agent;
d.
The Club affirmed that it was fulfilling its contractual obligations, particularly
its duty of care, and that there is no just cause for the termination of the
contract; and
e.
The Club concluded by asserting that the Player remained under contract
and is expected to attend muscle training sessions and medical evaluations.
24. On 23 September 2024, the Club answered the Player’s letter of 21 September 2024 and
considered that the termination had not been made with just cause.
25. On 1 October 2024, the Player sent a letter to the Club claiming a flight ticket to return to
Nairobi, Kenya.
26. On 7 February 2025, the Player signed a contract with the Kenyan club, Bombari Football
Club, valid until 7 February 2027. In accordance with the pertinent employment contract,
the player was entitled to approximately ZMW 28,334.25 per month, and a sign-on fee of
approximately ZMW 170,005,75.
pg. 9
REF. FPSD-16220
II. Proceedings before FIFA
27. On 24 September 2024, the Player filed the claim at hand before FIFA. A summary of the
parties’ respective positions is detailed below.
1. Claim of the Player
28. In his claim, the Player submitted that he was de-registered by the Club for the 2024/2025
season, and that according to the longstanding jurisprudence of the Football Tribunal, and
quoting the Commentary on the Regulations on the Status and Transfers of Players (edition
2023) (hereinafter: the Commentary on the Regulations), the Player had just cause to
terminate his contract under art. 14 of the Regulations on the Status and Transfer of
Players, as the Club breached the contract by not registering him.
29. The Player therefore claims the residual value of the Contract as compensation as follows:
- ZMW 968,000 (22 months remaining x 44,000 ZMW/month)
- ZMW 340,000 (ZMW 5,000 match bonus x 68 matches remaining)
30. The Player requests for relief were the following, quoted verbatim:
" Given all the foregoing, the Player requests the PRC to:
i. Order that the contract was terminated with just cause by the claimant.
ii. Order that the Respondent has to pay compensation 1,308.000 Zambian Kwacha with its
interest 5% per year starting from 22nd September 2024 until the effective payment date.
iii. If and so far, the amounts as mentioned over will not be paid to the Player within the stated
time limit. Article 24 of RSTP and disciplinary sanctions will be imposed to the club."
2. Reply of the Club and Counterclaim
31. In its reply, the Club stated that the Player had no just cause to terminate the Contract, as
the non-registration of the Player occurred due to his injury, and that he would be
registered in January 2025.
32. The Club affirmed that it informed the Player, at an unspecified date between 14 and 20
August 2024, that he would not be registered because of his injury,
33. Relying on DRC decision (no. 67229) of 8 June 2007, the Club submitted that the Contract
did not contain any provision that the Player would always be registered, train and play for
the first team of the Club. The Club therefore contended that it did not breach the Contract
pg. 10
REF. FPSD-16220
by not registering the Player because he was injured, and that the Player had no grounds
to terminate the Contract.
34. The Club maintained having fulfilled its obligations towards the Player, as they continued
paying the Player’s salary, including the salary of September 2024.
35. The Club declared that as the contractual relationship between the parties had not broken
down, the Player had no just cause to terminate the Contract.
36. In addition, the Club submitted that the Player failed to comply with both procedural and
substantive requirements under art. 11.2 a) of the second Employment Contract, that
requires a 14-day notice before terminating the second Employment Contract, as he
provided only 3 days, denied the Club’s contractual right to appeal the termination within
14 days and that the Player by-passed the agreed dispute resolution procedure.
37. The Club claimed that it had suffered the following damages as a result of the Player’s
repeated breaches, which justified filing a counterclaim, quoted verbatim:
‘’a. Financial Damages
• USD 30,000.00 signing-on fee paid for 2024-2026 contract
• Salary payments made after Player stopped cooperating with medical treatment
• Housing and accommodation costs continued after termination
• Medical treatment costs incurred but not utilized due to Player's non-cooperation
b. Sporting Damages
• Unable to register replacement player due to timing of termination
• Reduced squad depth for 2024/25 season
• Loss of asset value of player under contract until 2026
• Disruption to team planning and composition’’
38. The Club also claimed improper conduct on the part of the Player, quoted verbatim:
‘’a. Pattern of Non-Cooperation
• Consistent evasion of medical treatment
• Refusal to attend scheduled examinations
• Non-compliance with club protocols
b. Pattern of Non-Cooperation
• Bad Faith Actions
• Making training videos to create false impression of fitness
• Refusing medical examination while claiming to be fit
pg. 11
REF. FPSD-16220
• Using his agent to make unfounded allegations about quota system
• Threatening club with "insider" information at FIFA
c. Inconsistent Behavior
• Expressing willingness to return after termination
• Requesting repatriation costs after termination
• Maintaining occupation of club housing after termination’’
39. The Club’s requests for relief were the following quoted verbatim:
“a. A declaration that the Player's termination was wrongful and without just cause and as
such amounted to a breach of contract;
b. Compensation for breach of contract being the residuary value of contract from September
2024 until June 2026, totaling to 968,000 (Zambian Kwacha).
c. Recovery of signing-on fees paid to the Player totaling USD30,000 (United States Dollars
Thirty Thousand); and
d. Cost of this proceedings’’
3. Reply of the Player to the counterclaim
40. In reply to the Club’s counterclaim, the Player affirmed that he was never informed that he
would not be registered because of his injury and mentions that he never agreed to his non
registration.
41. The Player raised that most the of the Club’s evidence stems from internal conversation
that he did not have knowledge of, and that there is a possibility that it is fabricated
evidence, adding that the Club has not demonstrated that the Player was informed that his
injury would lead to him not being registered.
42. The Player asserted that contrary to the allegations of the Club that he was injured and that
in late August they knew he would have a 6 to 9-week recovery period, he was only excluded
from training on 19 September 2024, demonstrating that he had been training with the
Club while allegedly injured.
43. In support of his allegations that the Club had deregistered him for foreign players quota,
the Player brought forward a media article as well as the Zambian Football Premier League
circular regarding the quota system.
44. The Player insisted that the Club’s allegation regarding meetings with his agent are false.
pg. 12
REF. FPSD-16220
45. The Player stated that the Club’s reliance on the 4 June 2024 email, is irrelevant as it
concerns a matter that had already been settled by the parties.
46. The Player also submitted that the Club’s allegation that the Player remained in the Club’s
accommodation and that he refused medical treatment remain unsupported by evidence.
47. The Player summarized its position in saying that he was not registered despite being
healthy and training with the Club in August 2024 and September 2024, and that he
terminated the Contract for these reasons which to him amount to just cause. He ultimately
raised that a 6 to 9 weeks recovery period did not justify being deregistered for a 17-week
period, between August 2024 and January 2025.
48. In conclusion, the Player restated his request for relief and added that the Club’s
counterclaim should be rejected.
pg. 13
REF. FPSD-16220
III. Considerations of the Dispute Resolution Chamber
1. Competence and applicable legal framework
49. 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 24 September 2024 and submitted for
decision on 3 July 2025. Taking into account the wording of art. 31 and 34 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.
50. 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 (hereinafter: the Regulations) (July 2025
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 Kenyan player and a Zambian club.
51. 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 July 2025 edition of the Regulations is applicable to the matter at hand as
to the substance.
2. Burden of proof
52. 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 TMS.
3. Merits of the dispute
53. 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.
pg. 14
REF. FPSD-16220
i. Main legal discussion and considerations
54. The Chamber then moved to the substance of the matter and took note that the present
disputes concerned a claim for compensation following a breach of contract from the
Player against the Club and a counterclaim from the Club.
55. In this context and considering that it remained undisputed that the Parties entered an
employment contract on 30 December 2023, and that the Player unilaterally terminated
the Contract on 21 September 2024, the Chamber acknowledged that its task was to
determine whether the termination occurred with or without just cause, and then to assess
the consequences arising from this situation.
56. The Chamber noted that it is not disputed that the Player sustained an injury in March
2024, and that the injury situation prolonged in the summer of 2024.
57. The Player’s position is to the effect that he terminated his contract with just cause, because
he was not registered by the Club, and claims compensation accordingly.
58. On the other hand, the Club’s position was that Player did not follow the proper medical
treatment protocols, which prolonged his recovery period and justified his nonregistration. In that sense, the Club considered that the termination occurred without just
caused and filed a counterclaim to be compensated for its alleged damages stemming from
the Player’s termination of the Contract.
59. The Chamber also took note that the Club has admitted having not registered the Player
with the Football Association of Zambia (ZAF), before the registration deadline of 20 August
2024.
60. The Chamber noted the Club’s arguments regarding the Player’s alleged uncooperative
behaviour regarding the treatment of his injury and during recovery period, namely, that
he sought treatment from alternative healthcare providers, both in Kenya and in Zambia,
in lieu of the Club’s medical team, and that he also refused to submit to a medical
examination on 21 September 2024.
61. The Chamber also considered the Club’s allegation to the effect that the Player’s recovery
period would be of 6 to 9 weeks as from 20 August 2024.
62. However, the Chamber noted that these allegations are counter-balanced by the fact that
the Player has submitted to two MRI sessions, one on 15 March 2024 and the second on
25 July 2024 at the request of the Club, and that he was participating in training sessions
until his suspension by the Club on 21 September 2024.
63. While, in the Chamber’s view, all of these elements provided context to the actions of the
Club and the ongoing situation of the Player, the Chamber also noted that the Player was
pg. 15
REF. FPSD-16220
not registered before 20 August 2024, thereby preventing him from playing until the next
registration period, which began on 1 January 2025.
64. The Chamber noted that the Player was only directly informed that he was not registered
on 21 August 2024, after the closing of the registration period in Zambia, effectively
preventing him from manifesting his disapproval of this decision and finding alternatives
to play in Zambia.
65. Considering that the Player terminated the Contract fundamentally due to nonregistration,
the Chamber first recalled the well-established jurisprudence of the Football Tribunal, that
stated that the registration procedure is the sole responsibility of a club and upon which a
player has in general no influence. As the Club was purportedly interested in acquiring the
rights of the Player and in benefiting from his services, it was, in the Chamber’s opinion,
reasonable to expect that it acts accordingly and executes the administrative formalities in
view of obtaining, for instance, the registration with the engaging federation.
66. In this regard, the Chamber recalled that, as it held in the past, among a player’s
fundamental rights under an employment contract is not only his right to a timely payment
of his remuneration, but also his right to access training and to be given the possibility to
compete with his fellow teammates in the team’s official matches. (cf. DRC Decision of 13
October 2022, Fernandez-Teijeiro)
67. Building upon this principle, the Chamber further recalled that the non-registration of the
Player has previously been held to constitute serious misconduct of a club, and such nonregistration amounted to a violation of the Player’s right to provide his services. (cf. DRC
Decision of 27 March 2025, Rep)
68. In fact, the Chamber considered that the prejudice caused to the Player was significant
enough that the Player could not be reasonably expected to continue the employment
relationship, as his fundamental right to perform as an athlete had been breached.
69. Thus, the Chamber, in following its longstanding jurisprudence, determined that the Player
had just cause to terminate the Contract, according to art. 14 of the Regulations, when he
did so on 21 September 2024. (cf. DRC Decision of 14 December 2022, Silva)
70. The Club is therefore held liable for the legal consequences unfolding from the termination
of the contract with just cause by the Player.
71. For the sake of completeness, and in full consideration of the Club’s arguments that they
did not register the Player as he was injured, the Chamber noted that the estimated
recovery period by the Club, of 6 to 9 weeks from 20 August 2024, was significantly shorter
than his period of ineligibility which extended until 1 January 2025. As such, the Player
would be prevented from exercising his fundamental right to perform.
pg. 16
REF. FPSD-16220
72. Considering the foregoing, the Chamber also rejected the Club’s counterclaim.
ii. Consequences
73. Having stated the above, the Chamber turned its attention to the question of the
consequences of the termination of the Contract with just cause by the Claimant.
74. The Chamber observed that there was no claim for outstanding remuneration.
75. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable 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, taking into account the damage suffered, according to
the “positive interest” principle, having regard for the individual facts and circumstances of
each case, and with due consideration for the law of the country concerned.
76. 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
established that no such compensation clause was included in the employment contract
at the basis of the matter at stake.
77. As a consequence, the members of 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. In this respect, the Chamber
recalled that, as a general rule, the compensation to be paid to the player by the club shall
be equal to the residual value of the contract that was prematurely terminated, unless the
player signed a new contract following the termination of his previous contract (cf. art. 17
par. 1 lit. i)).
78. Bearing in mind the foregoing as well as the claim of the Claimant, the Chamber proceeded
with the calculation of the monies payable to the Playerunder the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of ZMW 924,000 (i.e., the monthly salary of ZMW 44,000 x 21
months) serves as the basis for the determination of the amount of compensation for
breach of contract.
79. For the sake of completeness, the Chamber did not consider the match bonus amounts
claimed by the Player as part of the compensation as they were conditional to certain
performances that had not occurred at the time of the
pg. 17
REF. FPSD-16220
80. 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.
81. Indeed, the Player found employment with Bombari Football Club, in Kenya, and signed a
new employment contract valid from 7 February 2025 until 7 February 2027. In accordance
with the pertinent employment contract, the player was entitled to approximately
ZMW 28,334.25 per month, and a sign-on fee of approximately ZMW 170,005,75. Therefore,
the Chamber concluded that the Player mitigated his damages in the total amount of ZMW
651,688, that is, ZMW 28,334.25 times 17 months plus ZMW 170,005.75.
82. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Chamber decided that the Club must pay the amount of
ZMW 272,312 to the Player (i.e., ZMW 924,000 minus ZMW 651,288), which was to be
considered a reasonable and justified amount of compensation for breach of contract in
the present matter.
83. Lastly, taking into consideration the Claimant’s request as well as the constant practice of
the Football Tribunal in this regard, the Chamber decided to award the Player interest on
said compensation at the rate of 5% p.a. as of 22 September 2024 until the date of effective
payment.
iii. Compliance with monetary decisions
84. 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.
85. 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.
86. Therefore, bearing in mind the above, the DRC decided that the Club must pay the full
amount due (including all applicable interest) to the Player 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
pg. 18
REF. FPSD-16220
consecutive registration periods shall become immediately effective on the Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
87. The Club shall make full payment (including all applicable interest) to the bank account
provided by the Player in the Bank Account Registration Form, which is attached to the
present decision.
88. 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.
4. Costs
89. 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.
90. 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.
91. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 19
REF. FPSD-16220
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant / Counter-Respondent, Dennis Nganga Njire, is partially accepted.
2.
The Respondent / Counter-Claimant, Zanaco FC, must pay to Dennis Nganga Njire the
following amount(s):
- ZMW 272,312 as compensation for breach of contract plus 5% interest p.a. as from
22 September 2024 until the date of effective payment.
3.
Any further claims of Dennis Nganga Njire are rejected.
4.
The counterclaim of Zanaco FC is rejected.
5.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
6.
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. Zanaco FC 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.
7.
The consequences shall only be enforced at the request of the Dennis Nganga Njire in
accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and
Transfer of Players.
8.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 20
REF. FPSD-16220
NOTE RELATED TO THE APPEAL PROCEDURE:
According to art. 50 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf., art. 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 21