Labour Disputes
Texto da decisão
REF. FPSD-15157
Decision of the
Dispute Resolution Chamber
passed on 18 September 2024
regarding an employment-related dispute concerning the player Raphael
Olise Osaluwe
BY:
Sihon GAUCI (Malta)
CLAIMANT:
Raphael Olise Osaluwe, Nigeria
Represented by Abdelrahman Adel Mansour
RESPONDENT:
Association Sportive de Kigali, Rwanda
pg. 2
REF. FPSD-15157
I. Facts of the case
1.
The parties to the case are:
-
The Nigerian player, Raphael Olise Osaluwe (hereinafter: the Player or the Claimant)
-
The Rwandan club, Association Sportive de Kigali (hereinafter: the Club or the
Respondent).
2.
The Claimant and the Rwandan club Rayon Sports Association (hereinafter: Rayon)
concluded an employment contract valid as from 1 July 2022 to 30 June 2024 (hereinafter:
the contract).
3.
Clause 8 of the contract reads as follows:
“The player’s monthly salary as agreed upon by both parties is 800,000 for the 1st
season and 1,000,000 for the 2nd season to be paid to the player by the club at the end
of every month on his bank account during the period of the contract.”
4.
On 27 August 2023, the Claimant, the Respondent and Rayon concluded a loan transfer
agreement (hereinafter: the transfer agreement) regarding the transfer of the Player from
Rayon to the Respondent.
5.
The transfer agreement reads as follows:
“The parties agree in principal:
For [Rayon]
•
[Rayon] accepts to release a player on loan to [the Respondent] for the season
2023-2024 as the remaining period on his existing contract between the dub and
the player
•
The club will pay the player's balance for his August 2023 salary equivalent to eight
hundred thousand (800.000 RWF)
For [the Player]:
•
A player accepts to join [the Respondent] on loan and without any other financial
condition from Rayon Sports Association
For [the Respondent]:
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REF. FPSD-15157
•
As Kigali accepts to be responsible for new contract with a player and shall bear all
costs related to the player contract including monthly salary, match wining bonus,
among other financial obligations, as they agree with the player.
•
The contract with the player starts from 1“ September 2023.
After this amicable agreement, the player declares that he has no financial claim to
make against [Rayon] locally or internationally or In the future. Rayon Sports
Association will not make any financial claim against the player locally or
Internationally.”
6.
In accordance with the information retrieved from the Transfer Matching System
(hereinafter: TMS) the Rwandan season 2023/2024 started on 12 August 2023 and ended
on 30 June 2024.
7.
By correspondence dated 29 May 2024, the Claimant requested the Respondent to pay the
unpaid salaried (4 months).
II. Proceedings before FIFA
8.
On 7 July 2024, the Claimant filed the claim at hand before FIFA. A summary of the parties’
position is detailed below.
a. Position of the Claimant
9.
The Claimant filed a claim for overdue payables and requested payment of RWF 5,000,000.
10. As to the employment contract, the Claimant mentioned the following : “the Claimant and
the Respondent relied on the loan agreement alone by virtue of which they agreed that the
Respondent shall pay the Player the same salaries he was receiving from Rayon Sports SC, thus
they did not sign a standalone employment contract, unfortunately this practice is common in
African leagues.”
11. The Claimant requested the following relief:
“To oblige the Club to pay four monthly salaries (RWF 5,000,000 + 5%) as follows:
- RWF 1,000,000 + 5% from 28/02/2024
- RWF 1,000,000 + 5% from 31/03/2024
- RWF 1,000,000 + 5% from 30/04/2024
- RWF 1,000,000 + 5% from 31/05/2024
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REF. FPSD-15157
- RWF 1,000,000 + 5% from 30/06/2024
b. To accept the Claimant’s request to add and impose a 5% interest rate per each
year as already proposed above.”
b. Position of the Respondent
12. On 25 July 2024, the FIFA general secretariat invited the Respondent to provide with its
position to the claim, by no later than 14 August 2024.
13. On 27 August 2024, the FIFA general secretariat (i) indicated that it did not receive any
correspondence from the Respondent in reply to the present claim; and (ii) informed the
parties that the submission-phase was closed (cf. art. 23 par. 1 of the Procedural Rules
Governing the Football Tribunal (hereinafter: the Procedural Rules)).
14. On 29 August 2024, the Respondent submitted a correspondence in which it attached an
alleged employment contract, an alleged payment receipt and an alleged settlement
agreement.
c. Comments of the Claimant
15. On 29 August 2024, the FIFA general secretariat:
-
Acknowledged receipt of the Respondent’s late correspondence;
-
referred to art. 23 par. 1 of the Procedural Rules and reiterated that the parties may
not supplement or amend their submissions or requests for relief or produce new
evidence after notification of the closure of the submission phase; and
-
On the basis of art. 23 par. 2 of the Procedural Rules, requested the Claimant to
provide with his comments as to the alleged payments’ evidence presented by the
Respondent in its late correspondence.
16. On 3 September 2024, the Claimant provided the following information:
“As evidence, please note that: (A) the Club’s enclosed contract does not include the
Player’s signature but rather an unknown person’s signature (written as “player’s
agent”) but the Player emphasizes that he does not have any agent and he never
signed or consented to that contract; and (B) The Club contradicted itself when it
stated in its enclosed contract that the Player’s monthly salaries are RWF 700,000 but
enclosed a settlement agreement and receipt showing that the Player’s salaries are
RWF 800,000 per month.
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REF. FPSD-15157
Again, the Player reiterates that he NEVER signed any separate employment contract
with the Respondent, and they only relied on his employment contract with his
previous club stating that the Player is entitled to RWF 1,000,000 per month (the same
amount that the Respondent had to pay as a club who engaged the services of the
Player on a loan basis).
In addition, the Player assures the FIFA DRC that he received no amounts at all from
the Respondent and he never agreed with them to settle the case and/or schedule the
outstanding amounts.
Accordingly, the case shall remain open and we hereby request the Honourable DRC
to rendered its decision in due course.”
17. On 5 September 2024, the Respondent submitted again a correspondence with the same
documents.
18. On 5 September 2024, the FIFA general secretariat:
-
Acknowledged receipt of the Respondent’s late correspondence; and
-
referred to art. 23 par. 1 of the Procedural Rules and reiterated that the parties may
not supplement or amend their submissions or requests for relief or produce new
evidence after notification of the closure of the submission phase.
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REF. FPSD-15157
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
19. First of all, the Single Judge (hereinafter also referred to as Single Judge) analysed whether
she was competent to deal with the case at hand. In this respect, she took note that the
present matter was presented to FIFA on 7 July 2024 and submitted for decision on 18
September 2024. Taking into account the wording of art. 34 of the March 2023 edition of
the Procedural Rules, the aforementioned edition of the Procedural Rules is applicable to
the matter at hand.
20. Furthermore, the Single Judge referred to art. 2 par. 1 and art. 24 par. 1 lit. a) 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 (June 2024
edition), she is competent to deal with the matter at stake, which concerns an employmentrelated dispute with an international dimension between a player from Nigeria and a club
from Rwanda.
21. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 7 July 2024, the June 2024 edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
22. For the sake of completeness, the Single Judge recalled that: (i) parties to the proceedings
are not authorised to supplement or amend their submissions or requests for relief or
produce new evidence once the submission phase is closed (cf. art. 23, par. 1 of the
Procedural Rules); and (ii) any supplementary information and/or documentation shall only
be accepted if requested by the FIFA general secretariat in the course of the proceedings
(cf. art. 23, par. 2 of the Procedural Rules). Consequently, the Single Judge confirmed that
the Respondent’s unsolicited correspondence of 29 August 2024 and 5 September 2024
were inadmissible, hence disregarded, and that the Club’s right to be heard had been fully
respected, in that the club failed to timely comment as instructed by the FIFA general
secretariat on 25 July 2024.
b. Burden of proof
23. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which she may
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REF. FPSD-15157
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the TMS.
c. Merits of the dispute
24. The competence and the applicable regulations having been established, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations she will refer only to the facts, arguments and documentary evidence,
which it considered pertinent for the assessment of the matter at hand.
i. Main legal discussion and considerations
25. The Single Judge moved to the substance of the matter, and took note of the fact that
Claimant requested the payment of certain financial obligations by the Respondent as per
the contract and the transfer agreement.
26. In this context, the Single Judge acknowledged that her 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 latter had a valid justification for not
having complied with its financial obligations. In doing so, the Single Judge underlined that
the Respondent failed to present its reply to the claim of the Claimant within the timeframe
granted by FIFA general secretariat, and therefore her decision would be made on the basis
of the documentation on file, that is, the argumentation and evidence filed by the Claimant,
in line with article 14 par. 1 of the Procedural Rules.
27. The Single Judge then mentioned that in the case at hand the Respondent bore the burden
of proving that it indeed complied with the financial terms of the contract concluded
between the parties. Nonetheless, no evidence was (timely) provided.
28. Subsequently, the Single Judge proceeded to analyse each of the requests made by the
Claimant. In doing so, the Single Judge stated that the Player is entitled to the salaries
between February 2024 and June 2024 as per the contract and the transfer agreement.
29. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
Single Judge decided that the Respondent is liable to pay to the Claimant RWF 5,000,000.
30. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Dispute Resolution Chamber in this regard, the Single Judge decided to award the
Claimant interest at the rate of 5% p.a. as follows:
- On RWF 1,000,000 as from 1 March 2024 until the date of effective payment;
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REF. FPSD-15157
- On RWF 1,000,000 as from 1 April 2024 until the date of effective payment;
- On RWF 1,000,000 as from 1 May 2024 until the date of effective payment;
- On RWF 1,000,000 as from 1 June 2024 until the date of effective payment;
- On RWF 1,000,000 as from 1 July 2024 until the date of effective payment.
ii. Compliance with monetary decisions
31. Finally, taking into account the applicable Regulations, the Single Judge 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.
32. In this regard, the Single Judge 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.
33. Therefore, bearing in mind the above, the Single Judge 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.
34. 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.
35. The Single Judge 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
36. The Single Judge 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,
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REF. FPSD-15157
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
37. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
38. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
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REF. FPSD-15157
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Raphael Olise Osaluwe, is partially accepted.
2.
The Respondent, Association Sportive de Kigali, must pay to the Claimant the following
amount(s):
- RWF 1,000,000 as outstanding remuneration plus 5% interest p.a. as from 1 March 2024
until the date of effective payment;
- RWF 1,000,000 as outstanding remuneration plus 5% interest p.a. as from 1 April 2024
until the date of effective payment;
- RWF 1,000,000 as outstanding remuneration plus 5% interest p.a. as from 1 May 2024
until the date of effective payment;
- RWF 1,000,000 as outstanding remuneration plus 5% interest p.a. as from 1 June 2024
until the date of effective payment;
- RWF 1,000,000 as outstanding remuneration plus 5% interest p.a. as from 1 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.
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REF. FPSD-15157
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-15157
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
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396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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