Labour Disputes
Texto da decisão
REF. FPSD-14734
Decision of the
Dispute Resolution Chamber
passed on 19 September 2024
regarding an employment-related dispute concerning the player Fabrice
Badouidana Onana
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Stijn BOEYKENS (Belgium), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Fabrice Badouidana Onana, Cameroon
Represented by Slim Boulasnem
RESPONDENT:
Al Kawkb, Saudi Arabia
pg. 2
REF. FPSD-14734
I. Facts of the case
1.
The player Fabrice Badouidana Onana from Cameroon (hereinafter: the Player or the
Claimant), and the club Al Kawkb from Saudi Arabia (hereinafter: the Club or the Respondent)
entered into an employment contract valid as from 1 August 2023 until 30 June 2024
(hereinafter: the Contract).
2.
In accordance with clauses 5.1 and 5.2 of the Contract, the Respondent undertook to pay
to the Claimant inter alia a monthly net salary of USD 7,272 and a “sign-on fee” of USD
20,000 payable on 30 August 2023.
3.
There was a clause in the contract (clause 4.3) titled “conditional financial payments”,
however, no potential payments and/or amounts were included.
4.
According to clause 5.5 of the Contract, the Respondent would provide the Claimant with
accommodation and transportation, namely: a car and “ticket for the beginning and the end
of season and his wife and his son” (quoted verbatim).
5.
Clause 6.8 of the Contract reads as follows:
“The Club shall:
[…] promptly provide the Player with all necessary assistance required to obtain the
Iqama (i.e. residence permit issued by the Saudi Arabian national authorities) as well
as any other travel visas which the Player may reasonably require from time to time
in order to exercise his freedom of movement.”
6.
Clause 7 of the Contract reads as follows:
“The Player shall:
1. act in a spirit of good faith, honesty and integrity towards the Club at all times;
2. respect, comply with and adhere to at all times the statutes, rules, regulations,
codes, circulars, directives and decisions of the League Organiser, SAFF, The AFC and
FIFA, as may be amended from time to time;
3. Immediately and without delay notify the Club of any sporting sanctions to which
he is subject;
4. promptly return to the Club following international duty in accordance with Annexes
1 of the FIFA Regulations on the Status and Transfer of Players;
5. attend all training sessions, training camps, seminars, press conferences and such
other events as the Club may require from time to time. If the Player is a student of
pg. 3
REF. FPSD-14734
minor age enrolled at a school, he shall be exempted from attending morning
trainings during school days only, provided that such exempted trainings shall be duly
compensated by the Player in other periods to be fixed by the Club;
6. Participate in all friendly and official matches of the Club, as the Club may require,
according to the established dates;
7. Apply his best efforts, with punctuality and without reservation, to the maximum of
his capabilities, in performing the activities and obligations provided for in this
Contract, unless his health prevents him from doing so;
8. Apply his best efforts to maintain and, wherever possible, improve the level of his
sporting, physical and psychological capabilities;
9. Observe the principles of fair play, integrity, good sportsmanship and
professionalism at all times on and off the field of play;
10. Not retire during the Term without the prior written agreement of the Club, except
in the case of force majeure;
11. Not participate in any sporting, cultural or social activity or play in any matches
for any other club during the Term;
12. Refrain from negotiating and concluding an employment contract with any other
club unless and until (a) the Club has provided its prior written agreement to such
negotiation and/or conclusion; or (b) this Contract is due to expire within six months;
or (c) this Contract has expired;
13. Refrain from any act, statement, publication or utterance that is harmful, or may
reasonably be considered to be harmful, to the image, standing or reputation of the
Club and/or its partners/sponsors;
14.
The
Player
must
allow
himself
to
be
treated
by
a
doctor/physiotherapist/chiropractor designated by the Club. Nevertheless, the Player
shall have the right to a second opinion by an independent medical specialist of choice
if he contests the opinion of the Club’s doctor / physiotherapist /chiropractor. If there
are still different opinions, the Player and the Club agree on accepting an independent
third opinion (e.g. from a FIFA Medical Centre of Excellence), which will be binding on
both Parties. The costs of any such third independent opinion will be covered by the
Club;
15. Not disclose to any third party any sensitive, confidential or classified information
relating to the Club;
pg. 4
REF. FPSD-14734
16. respect, comply with and adhere to at all times the statutes, rules, regulations,
codes, directives and decisions of the World Anti-Doping Agency, the Saudi Arabian
Anti-Doping Committee and any other relevant national or international sporting,
judicial, arbitration or regulatory bodies;
17. promptly comply with all requests and requirements of the relevant national or
international anti-doping authorities;
18. Resist, reject and report (to the Club and to SAFF) any approach made to the Player
to participate in match-fixing or any threat to the integrity of sport of any kind;
19. Comply with the sanctions and rewards internal regulations of the Club which the
Club is entitled to impose according to the club internal regulations and to the
regulation named ‘Typical List of Penalties and Sanction to the Clubs that apply
Professionalism’ issued by SAFF (SAFF TLPS), a copy of which is shown and provided to
the Player, being his signature of this Contract a sign of its receipt;
20. Commitment to the list of violations and penalties issued by the club and the Saudi
Football Association, and based on the model list prepared by the Saudi Federation,
where a copy of it was submitted with this contract to the Player for review.”
7.
On 23 March 2024, the Claimant put the Respondent in default and requested payment of
USD 35,505 and SAR 2,000 corresponding to the balance of the “sign-fee bonus” (USD
5,000), the salaries between November 2023 and February 2024, match bonuses (SAR
2,000) and reimbursement of the visa fees (USD 1,417); setting a 15 days’ time limit in order
to remedy the default.
8.
On 24 March 2024, the Claimant sent the Respondent a letter stating the following (quoted
verbatim):
“We hereby follow up our letter of 23 March 2024, after which you contacted the
player, threatened him and attempted to force him to forfeit his wages and
compensation and that if he did not accept your proposal to terminate the contract,
to:
- Cut off his electricity supply and remove him from his home.
- Deprive him of his car
- Leave him to train alone at impossible times after the end of the sporting season.
- Not paying for plane tickets for him and his family.
pg. 5
REF. FPSD-14734
We are therefore once again putting you on notice to pay all the sums still owed to the
player by the deadline indicated in our previous letter.
The player informs you that he wishes to honour his contract and that he refuses to
sign this termination because it directly violates the principle of contractual stability
and the concept of just cause and gives an excessive advantage to the club while
violating the player's fundamental employment rights. We therefore ask you to cease
all pressure on the player and to avoid threatening or intimidating him in any way
whatsoever. We refer you to article 14 bis of the FIFA RSTJ.
This abusive and uncertain situation places the player in a real state of stress that
cannot continue. We are counting on your willingness to put an end to this breach of
your obligations and would ask you to accept the expression of our best wishes.”
9.
On 26 March 2024, the Respondent sent the Claimant a letter stating the following (quoted
verbatim):
“With reference to the email received from you dated 03/23/2024, which includes
commitment to the contract concluded between us and the player / FABRICE ONANA
and commitment to the consequences of that contract, we would like to inform you of
the following:
1. The club is committed to all obligations arising from that contract, and the club will
not breach them.
2. A decision was issued by the Disciplinary and Ethics Committee of the Saudi Football
Federation on 11/29/2023 to impose a financial fine on the player in the amount of
10,000 Saudi riyals, to be paid to the account of the Saudi Football Federation
(attached) and not to the club, in addition to suspending him for two matches, which
caused the club to lose the player’s efforts for two matches and did not The club
imposes a penalty on the player for that, and the player is aware of that and has not
paid that fine yet, which leads to it being deducted from the club’s dues to the Saudi
Football Federation. In addition, the club applies the professionalism regulations
approved by the Saudi Football Federation and stipulated in the contract, and this is
evidence. In the good faith of the club.
Regarding the email received to us on 03/24/2024, which contained false accusations,
we deny all of these accusations, and they are merely baseless fabrications that
demonstrate bad faith on the part of your client.”
10. On the same date, the Respondent also sent the following communication to the Player (quoted
verbatim):
pg. 6
REF. FPSD-14734
“Please provide information about the reasons that led to you receiving 4 yellow Cards
and which resulted in you being suspended from participating in the next match,
knowing that this is the third time that you have been suspended from participating
in matches due to you receiving 4 yellow cards or a direct red card for 3 previous
matches and the next match.
We hope you will inform us within 24 hours of receiving this mail.”
11. On 2 April 2024, the Respondent sent the Claimant a letter stating the following (quoted
verbatim):
“With reference to your receiving 4 yellow cards and your suspension from the Mudar
match on 03/28/2024, and since you were previously suspended for receiving a red
card for two matches and suspended for receiving 4 cards for match.
Accordingly, and with reference to Article Three (the sanctions related to the yellow or
red cards received by the player during the local or external matches), Paragraph
(Receiving three yellow cards or one red card in the sportive season) of the Typical List
of Penalties and Sanction to the Clubs that apply Professionalism.
Therefore, we inform you of the imposition of a 05 % deduction penalty from your
April 2024 salary.”
12. On 14 April 2024, the Claimant sent a termination notice to the Respondent, mentioning
that the amounts requested remained unpaid.
13. On 15 April 2024, the Player and a person identified as the “dicteur du Clus” exchanged
messages via the application WhatsApp about the return of the Player’s car. The role and
identity of this person are unclear, but the Claimant alleged that it was a representative of
the Respondent.
14. On 20 April 2024, the Respondent sent a letter to the Claimant in which it mentioned that
the Claimant was responsible for the damages and fines related to his car.
15. On an unspecified date, the Player and a person named Ohana also exchanged messages
via the application WhatsApp regarding the return of the car. The role and identity of this
person are also unclear.
16. The Claimant informed FIFA that he remained unemployed following the termination of the
Contract.
II. Proceedings before FIFA
pg. 7
REF. FPSD-14734
17. On 24 May 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Claim of the Claimant
18. The Claimant requested the payment of his outstanding remuneration and compensation
for breach of contract.
19. In his claim, the Player argued that the Respondent tried to force the Claimant to conclude
a mutual termination agreement following the sending of the default notice, and “the club
even threatened the player, telling him that if he refused to sign the amicable the club would cut
off his electricity supply, evict him from his home, take away his car and not pay for return tickets
for him and his family”.
20. The Player also argued that he terminated the Contract with just cause in accordance with
art. 14 bis of the Regulations on the Status and Transfer of Players (RSTP).
21. The Claimant requested the following amounts:
Outstanding remuneration: USD 35,505 and SAR 2,000;
- USD 5,000 as the balance of the signing fee, plus 5% interest p.a. as from 30
August 2023;
- USD 7,272 as the November 2023 salary, plus 5% interest p.a. as from 1
December 2023;
- USD 7,272 as the December 2023 salary, plus 5% interest p.a. as from 1
January 2024;
- USD 7,272 as the January 2024 salary, plus 5% interest p.a. as from 1 February
2024;
- USD 7,272 as the March 2024 salary, plus 5% interests p.a. as from 1 April
2024;
- SAR 1,000 match bonus for the match played on 15 February 2024;
- SAR 1,000 match bonus for the match played on 9 March 2024;
- USD 1,417 as reimbursement of visa fees.
USD 21,816 as the residual value of the Contract, plus 5% interest p.a. as from 14
April 2024;
pg. 8
REF. FPSD-14734
USD 21,816 as compensation based on the specificity of sports;
USD 5,000 as legal fees;
SAR 6,900 as flight reimbursement.
22. The Claimant also requested that sporting sanctions be imposed on the Respondent.
b. Reply of the Respondent
23. The Respondent partially disputed the Claimant’s position as follows:
-
“The club acknowledges all salaries mentioned for the player and the contract
provide.”
-
The Respondent mentioned that the disciplinary fine was imposed by the Saudi
Football Arabian Federation (SAFF) and not by the Respondent. Accordingly, the
Claimant was imposed a penalty of SAR 10,000 which he refused to pay, and
therefore, this amount was correctly deducted by the Respondent.
-
“Regarding the player’s claim that the club threatened the player that the club will
withdraw the player’s car and cut off his electricity, this is an unfounded claim and
cannot happen.”
-
“After the player received 4 yellow cards and was suspended for the match (for the
second time), the player was contacted on March 26, 2024 (attachment 2), and no
response was received from the player. On April 2, 2024, a penalty was sent to the
player with a deduction of 5% of the salary for the month of April, amounting to
$363.6. Obtaining 4 yellow cards, stopping a match, and losing the player’s efforts for
a match (attachment 3).”
-
“The player left the car and the hotel and traveled without handing over the car that
he received and signing for it on August 1, 2023 (attachment 4) without handing it
over to the club or knowing its condition or knowing its location until now, in addition
to leaving the hotel without informing us of that, in addition to a traffic fine on the car
that was in it. He uses it for a value of 300 riyals (attachment 5). The player was
contacted about this on April 20, 2024 (attachment 6). The player has not responded
to this date, and until now the location of the car is unknown, and we bear the player
all expenses resulting from the theft of the car, or any damage caused to the car.”
-
There is not clause in the Contract indicating the Respondent’s duty to pay any
visa fees.
pg. 9
REF. FPSD-14734
-
There is no clause in the Contract forcing the Club to pay match winning bonuses.
24. The Respondent requested the following, quoted verbatim:
“Accordingly, we ask that the player’s request be returned regarding the reward for
winning the match, 2000 riyals, in addition to the visa application fee of 1,417 dollars,
with the following amounts deducted from the player’s dues.
A. Amount 10,000 riyals is the disciplinary penalty issued by the Saudi Football
Federation, which was deducted from the club’s dues to the Federation.
B. Amount 300 riyals for traffic violations
C. Amount $363.6 is the value of the penalty for obtaining 4 yellow cards and
suspension for a match
D. The player is responsible for any damage or loss to the car delivered to him on
August 1, 2023.”
c. Rejoinder of the Claimant
25. In his rejoinder, the Claimant alleged the following.
26. As to the disciplinary sanctions, the Claimant stressed that he was not notified of any
disciplinary proceedings and had not the opportunity to defend himself.
27. As to the car fines, the Claimant stressed the following: “the Club argues that the Player has
received several fines for traffic violations. In this respect, the Club provides no evidence that it
had to pay these fines on behalf of the Player. It therefore nothing to reimburse. Moreover, the
wording of these allegations raises questions. It is emphasized that the Club had the contractual
right to deduct these fines from the Player's salary. However, it did not the DRC's complaint to
raise these allegations”. The Claimant further submitted a video recording showing the car’s
return and WhatsApp communications supporting his position.
28. As to the visa fees, the Claimant stressed that the Respondent did not provide evidence of
any payments made to obtain his visa, which was ultimately the Respondent’s
responsibility.
29. The Player’s requests for relief remained unchanged.
pg. 10
REF. FPSD-14734
d. Final comments of the Respondent
30. The Respondent provided the following final comments.
31. As to the disciplinary sanction, the Respondent reiterated that the decision came from the
SAFF and not from the Club. The Respondent also referred to clause 7 of the Contract.
32. The Respondent further mentioned that the Player had signed a letter in which he accepted
responsibility for any damages and fines to the car provided by the Club, concluding that
“the player bears any damage that occurred to the car from the date he received the car on
01/08/2023 until 30/07/2024 As for his claim that he left the car in good condition, photos and
videos were attached explaining the condition of the car and why he did not communicate with
the club via official email or via WhatsApp in order to deliver the car to the club?”.
33. As to the visa fees, the Respondent argued that “there is nothing in the player’s contract that
obliges the club to pay fees for obtaining a visa from his country. We refer to the player’s
contract, clause No. 5.5 Non-monetary benefits/Benefits in Kind, that the player is only entitled
to a car and plane tickets for him and his family at the beginning and end of the season, and if
the player has an official email from the club stating That the club bears the fees for obtaining
a visa from his country, so please provide us with it”.
34. The Respondent requested the following relief, quoted verbatim:
“Accordingly, we ask that the player’s request be returned regarding the reward for
winning the match, 2000 riyals, in addition to the visa application fee of 1,417 dollars,
with the following amounts deducted from the player’s dues.
A. Amount 10,000 riyals is the disciplinary penalty issued by the Saudi Football
Arabian Federation, which was deducted from the club’s dues to the Federation.
B. Amount 300 riyals for traffic violations
C. Amount $363.6 is the value of the penalty for obtaining 4 yellow cards and
suspension for a match, After the club addressed the player via the e-mail
registered in the contract to inquire about the reasons for obtaining 4 yellow
cards, suspension and taking legal measures The player did not object or respond
to the e-mail (Attachment 7) (Attachment 8)
D. The player is responsible for any damage to the car delivered to him on August
1, 2023, until 30 July 2024”
pg. 11
REF. FPSD-14734
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
35. 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 May 2024 and submitted for decision on
19 September 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.
36. 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 RSTP
(June 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 player from Cameroon and a club from Saudi Arabia.
37. 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 RSTP (June 2024 edition), and considering that the present claim was lodged
on 24 May 2024, the May 2024 edition of said regulations (hereinafter: the Regulations) is
applicable to the matter at hand as to the substance.
b. Burden of proof
38. 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
39. 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. 12
REF. FPSD-14734
i. Main legal discussion and considerations
40. The Chamber then moved to the substance of the matter and took note that this is a claim
of a player against a club regarding the justice of the early termination of the Contract by
the Claimant, based on the alleged non-payment of certain financial obligations by the
Respondent in accordance with art. 14bis of the Regulations.
41. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
42. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the Player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
43. The Chamber noted that the Claimant claims not having received his remuneration
corresponding to the balance of the signing bonus (USD 5,000) and the salaries between
November 2023 and February 2024 (USD 29,088). Furthermore, the Claimant has provided
written evidence of having put the Respondent in default on 23 March 2024, i.e. at least 15
days before unilaterally terminating the contract on 14 April 2024.
44. The Chamber also noted that Respondent acknowledged that the amounts were due,
however, it mentioned that SAR 10,000 (disciplinary penalty from the SAFF), SAR 300 (traffic
violations) and USD 363.60 (club’s penalty) should be deducted from the outstanding
amount.
45. In view of the above, the Chamber first observed that some of the documents provided by
the Respondent to support its position regarding the disciplinary fine issued by the SAFF
(SAR 10,000) were untranslated into a FIFA language and therefore shall be disregarded in
accordance with art. 13, par. 1 of the Procedural Rules. Similarly, the DRC also considered
that there is no evidence that the Respondent paid this fine on behalf of the Claimant.
46. As to the traffic fines, the Chamber observed that there is no provision in the Contract
allowing the Respondent to deduct such amounts and, again, no evidence as to the
payment of such amounts were provided.
47. Finally, as to the fine imposed by the Respondent (USD 363.6) on the Claimant for receiving
4 yellow cards, the Chamber observed that there is no evidence that such decisions
followed a due process. In particular, the Chamber observed that the Respondent has
limited itself to submit one e-mail requesting the Claimant’s position, but no further
pg. 13
REF. FPSD-14734
evidence could be found in the file, such as the copy of any proceeding, the Club’s
regulations and/or any elaboration on how / which basis the decision was taken.
48. In view of the above considerations, the Chamber rejected the alleged deductions
performed by the Respondent.
49. Thus, the Chamber concluded that the Claimant had a just cause to unilaterally terminate
the Contract, based on art. 14bis of the Regulations.
ii. Consequences
50. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
51. 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 34,088 (i.e.,
the salaries between November 2023 and March 2024 and the balance of the signing
bonus).
52. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Chamber decided that the Respondent is liable to pay to the Claimant the total of USD
34,088.
53. 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 follows:
-
On the amount of USD 5,000 as from 31 August 2023 until the date of effective
payment;
-
On the amount of USD 7,272 as from 1 December 2023 until the date of effective
payment;
-
On the amount of USD 7,272 as from 1 January 2024 until the date of effective
payment;
-
On the amount of USD 7,272 as from 1 February 2024 until the date of effective
payment;
-
On the amount of USD 7,272 as from 1 April 2024 until the date of effective
payment.
pg. 14
REF. FPSD-14734
54. The Chamber then turned the other requests by the Claimant, namely SAR 20,000 as match
bonuses and USD 1,417 regarding the reimbursement of the visa fees. The Chamber
mentioned that the Contract did not indicate the payment of match bonuses and that no
evidence was provided in this respect. Moreover, as to the visa fees, the Chamber recalled
that clause 6.8 of the Contract provides that the Respondent would assist the Claimant to
obtain the visa, but no clear reference was included in order to establish that the
Respondent would be liable to pay the Claimant’s requested amount. Similarly, the
Claimant did not provide any other evidence to support the existence of an agreement with
the Respondent to fund such expenses.
55. Therefore, the Chamber decided not to award the above-mentioned amounts.
56. Conversely, the DRC noted that the Claimant’s request for reimbursement of the flight
ticket was contractually based and supported by evidence of payment in the amount of
SAR 6,900. Furthermore, such payment was not contested by the Respondent. Therefore,
the Chamber decided to award that amount to the Claimant. The Chamber also observed
that no interests were requested over this amount, and therefore decided that these could
not be granted in order not to go ultra petita.
57. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Claimant by the Respondent 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
maximum of five years, and depending on whether the contractual breach falls within the
protected period.
58. In application of the relevant provision, the Chamber held that it first 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.
59. As a consequence, the Chamber determined that the amount of compensation payable by
the Respondent to the Claimant had to be assessed in application of the other parameters
set out in art. 17 par. 1 of the Regulations. The Chamber recalled that said provision
provides for a non-exhaustive enumeration of criteria to be taken into consideration when
calculating the amount of compensation payable.
pg. 15
REF. FPSD-14734
60. Bearing in mind the foregoing as well as the Claimant’s claim, the Chamber proceeded with
the calculation of the monies payable to the Claimant under the terms of the Contract from
the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 21,816 serves as the basis for the determination of the
amount of compensation for breach of contract.
61. The Chamber then noted that the Claimant remained unemployed since the unilateral
termination of the Contract.
62. Consequently, the Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to
which, in case the Claimant did not sign any new contract following the termination of his
previous contract, as a general rule, the compensation shall be equal to the residual value
of the contract that was prematurely terminated.
63. Therefore, the Chamber decided to award the Claimant compensation for breach of
contract in the amount of USD 21,816 (i.e., the residual value of the Contract).
64. 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 on said
compensation at the rate of 5% p.a. as from 14 April 2024 until the date of effective
payment.
iii. Compliance with monetary decisions
65. 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.
66. 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.
67. 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.
pg. 16
REF. FPSD-14734
68. 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.
69. 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
70. 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.
71. 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.
72. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 17
REF. FPSD-14734
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Fabrice Badouidana Onana, is partially accepted.
2.
The Respondent, Al Kawkb, must pay to the Claimant the following amount(s):
- USD 5,000 as outstanding remuneration plus 5% interest p.a. as from 31 August 2023
until the date of effective payment;
- USD 7,272 as outstanding remuneration plus 5% interest p.a. as from 1 December 2023
until the date of effective payment;
- USD 7,272 as outstanding remuneration plus 5% interest p.a. as from 1 January 2024
until the date of effective payment;
- USD 7,272 as outstanding remuneration plus 5% interest p.a. as from 1 February 2024
until the date of effective payment;
- USD 7,272 as outstanding remuneration plus 5% interest p.a. as from 1 April 2024 until
the date of effective payment;
- SAR 6,900 as outstanding amount;
- USD 21,816 as compensation for breach of contract without just cause plus 5%
interest p.a. as from 14 April 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.
pg. 18
REF. FPSD-14734
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 19
REF. FPSD-14734
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. 20