Labour Disputes
Texto da decisão
REF. FPSD-15705
Decision of the
Dispute Resolution Chamber
passed on 12 December 2024
regarding an employment-related dispute concerning the player Cheick
Omar Ouedraogo
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Alejandro ATILIO TARABORELLI (Argentina & Italy), Member
Roy VERMEER (The Netherlands), Member
CLAIMANT:
Cheick Omar Ouedraogo, Burkina Faso
Represented by Chijioke Okpanku
RESPONDENT:
TS Galaxy FC, South Africa
Represented by BDP Attorneys
pg. 2
REF. FPSD-15705
I. Facts of the case
1.
2.
The parties to the present dispute are:
-
The player from Burkina Faso, Cheick Omar Ouedraogo (hereinafter: the Player or
the Claimant); and
-
The club from South Africa, TS Galaxy FC (hereinafter: the Club or the Respondent),
affiliated to the South African Football Association (SAFA).
On 31 July 2023, the Respondent sent the Claimant an invitation letter indicating the
following (quoted verbatim):
“1. We hereby extend our invitation to the professional football player, Mr. Cheick
Omar Ouedraogo, Burkina Faso Passport no.: […], for professional football training
and medical assessment at our Club for a period commencing on 5 August 2023 until
31 August 2023.
2. We undertake to provide him with meals and accommodation at our Clubhouse at
the address below for the duration of his stay.
3. We trust all to be in order.”
3.
The Club issued a flight ticket for the Player from Burkina Faso to South Africa on 8 August
2023.
4.
The Club also issued a second flight ticket for the Player from Burkina Faso to South Africa
on 17 August 2023 returning on 10 September 2023.
5.
According to the Player, on 14 August 2023, the Player and the Club concluded an
employment contract (hereinafter: the Contract) valid as from 1 July 2023 to 30 June 2026.
The copy of the Contract submitted by the Player only contained his signature.
6.
Clause 3 of the Annexe A of the Contract read as follows:
“3. For the duration of this Agreement, the Club shall:
3.1 pay to the [Player] monthly in arrears, on the last day of every month, a net salary
in the Rand equivalent of $3000 for the period between 1 July 2023 to 30 June 2024,
$3500 between 1 July 2024 and 30 June 2025 and $4000 between 1 July 2025 and 30
June 2026;
3.2 pay to the [Player] a sign-on bonus in the Rand equivalent of $5000 by 31 October
2023;
pg. 3
REF. FPSD-15705
3.3 pay the [Player] a performance bonus in the Rand equivalent of $5 000 should the
Footballer create goals by making the final pass leading to at least 7 League goals per
season;
3.4. Pay the [Player] a Rand equivalent of $5000 for every 5 League goals scored
by the Footballer;
3.5 pay to the [Player] League and Cup match bonuses as per the Club’s bonus
structure; and
3.6 provide the [Player] with accommodation.”
7.
Clause 10 of Annexe A of the Contract read as follows:
“The Parties further agree that the special nature of professional football and the need
for excellent relationships is such that if the [Player] does not perform to the
standards desired by the Club or is found guilty of any misconduct of any nature
whatsoever including ill-discipline or absenteeism, termination will be appropriate.
Accordingly, in the event that the Club terminates this Agreement in terms of this
clause 15, the Club will pay the [Player] compensation equal to a 1 (one) month salary,
which the [Player] hereby accepts in full and Final settlement of any and all claims of
whatsoever nature he might otherwise have had against the Club consequent upon
the termination of his employment and the Club will provide the Footballer with his
clearance certificate. In particular, the [Player] or any person on behalf of the [Player]
shall have no claim arising out of any alleged unfair dismissal or unfair termination
of employment, or unfair labour practice, in terms of the Labour Relations Act 66 of
1995.”
8.
On 14 November 2023, the Player sent a letter to the Club in which he mentioned that,
upon his return from the South African club Baroka FC, the Player had encountered several
problems regarding his visa and salary and that, due to the lack of payment by the Club,
he found himself in a precarious situation. In particular, the Player mentioned that:
“1. despite multiple requests, [the Club] has not responded or taken any action
regarding the issue of my residence since my arrival. Additionally, my visa expired on
22/09/2023, and [the Club] has not made any efforts to deliberately resolve this
pressing matter.
2. I have not received my salary payments since July, which has caused significant
financial stress and uncertainty. I urgently request the immediate release of my
unpaid salaries to cover essential expenses, including food and necessary medication.
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REF. FPSD-15705
3. On 13/10/2023, I was sent to Baroka FC for a loan deal, which was a crucial
opportunity for my career. However, the loan deal with Baroka FC failed due to the
deliberate failure of [the Club] to answer Baroka FC”.
9.
Furthermore, the Player requested the Club’s doctor to provide him with vitamins, due to
health issues and requested the payment of USD 15,000 corresponding to his salaries from
July to October within 15 days.
10. On 28 November 2023, the Player sent a second letter to the Club, in which he
acknowledged receipt of ZAR 8,000 and stated that he had handed his passport over to the
Club, as requested. However, the Player mentioned that he “cannot afford to remain in a
state of uncertainty, unable to play or to continue performing training without proper
documentation or compensation”. The Player requested an update on his outstanding
remuneration and his visa.
11. On 30 November 2023, the Player granted the Club an additional deadline until 7
December 2023, in order to receive his salaries, to obtain his visa or to return his passport
and to facilitate the Player’s his return to his country.
12. On 10 December 2023, the Player sent a letter to the Club mentioning the following (quoted
verbatim):
“Despite diligent efforts by me and my legal representative to amicably settle this
matter, the lack of response and apparent avoidance of engagement are deeply
concerning. In these unique circumstances, the club's accountability extends beyond
the purview of FIFA regulations. The potential harm and reputational damages
resulting from this breach, whether deliberate or negligent, may expose the club to
additional liability under Article 41, paragraph 1 of the CO. In conclusion, I urge the
club to take immediate and concrete steps to address these outstanding issues,
including providing a signed copy of y contract and a return ticket upon the resolution
of my passport issue. This will facilitate my legal departure from South Africa. Should
these matters remain unaddressed by 11/12/2023, I will regrettably announce the
termination of my contract, without further notice, due to unpaid dues exceeding
more than two salaries, as per Article 14 bis of the FIFA RSTP. I appreciate your prompt
attention to this matter and sincerely hope that we can resolve these issues amicably
by Monday, 11th December 2023.”
13. On 12 December 2023, the Player confirmed that he received back his passport.
14. On 17 December 2023, the Player sent a termination notice to the Club. In particular he
indicated the following (quoted verbatim):
“En conséquence, je me permets de vous adresser cette lettre afin de vous informer
officiellement de ma décision de résilier mon contrat avec le club, à partir du mercredi
pg. 5
REF. FPSD-15705
12 décembre 2023, pour juste cause en vertu de l'article 14 et l'article 14 bis FIFA
[RSTP]”.
Freely translated into English:
“Consequently, I am writing to officially inform you of my decision to terminate my
contract with the club, as of Wednesday 12 December 2023, for just cause under
Article 14 and Article 14 bis of the FIFA [RSTP]”
15. On 23 December 2023, the Player requested the Club to issue a letter explaining the
circumstances of the expired visa.
16. On 24 December 2023, the Player wrote to the Club: “[I] appreciate the provision of the return
ticket for my travel on December 21, 2023. However, as of now, I haven't received information
about airport accompaniment for the scheduled travel on December 25, 2023, and the essential
letter addressing the expired visa is still pending. Furthermore, no pocket money or salary has
been received for the upcoming trip scheduled for tomorrow, December 25, 2023.”
17. In parallel, it is to be noted that the Player provided a copy of various WhatsApp
communications between him and different representatives of the Club, on or around the
same dates. Accordingly, the parties discussed a number of administrative matters, such
as training, visa, work permit and the Player’s employment with Club Baroka FC.
18. On 31 July 2024, the Player put the Club in default of payment of USD 44,500,
corresponding to his salaries between July 2023 and July 2024; setting a time limit until 15
August 2024, for the Club to remedy the default. The Player further mentioned that the
parties had an employment contract, and that the Respondent failed to pay his salaries
since July 2023.
19. On 2 August 2024, the Player requested the Club a signed copy of his employment contract.
20. On 8 August 2024, the Club via its legal representative replied to the Player stating that
there was no contract between the parties.
21. On 16 August 2024, the Player sent the Club a second termination notice.
22. The Player confirmed FIFA that he remained unemployed following the termination of the
Contract.
pg. 6
REF. FPSD-15705
II. Proceedings before FIFA
23. On 22 August 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
24. In his claim, the Claimant argued that the parties had a valid employment contract, and
that the Respondent had failed to provide him the signed copy. In particular, he mentioned
that the Contract contained the essentialia negotii and that its validity could be proven by
the fact that on 14 November 2023 the Respondent paid the Claimant USD 400, thereby
fulfilling part of his financial obligations.
25. The Claimant further mentioned that “the Respondent decided to loan out the Claimant to
Baroka FC and this decision was communicated to the Claimant by the Respondent through the
President of the Club via a WhatsApp Chat […] The Claimant complained to the Respondent via
a WhatsApp Chat, informing the Respondent that the Respondent ignored calls from Baroka FC,
refusing to apply for his work permit, leaving the Claimant in limbo about his career and also
without pay for months, struggling to feed and keep up with expenses. The Claimant stressed to
the Respondent that he has been kept in limbo for months about his career and the actions of
the Respondent hasn’t been promising and has caused limitations to his career growth […] It is
submitted that the Claimant in a mail to the Respondent, reinstated to the Respondent the
pressing issues regarding his loan to Baroka FC. The Claimant explained to the Respondent that
he has experienced a complete lack of communication from the Respondent concerning his
residency permit and unpaid salaries during his spell on loan, amid other concerns which were
enclosed in the mail.”
26. The Claimant argued that he terminated the Contract with just cause in accordance with
art. 14bis of the Regulations on the Status and Transfer of Players (hereinafter: the
Regulations) as per his letter dated 16 August 2024.
27. The Claimant requested the following relief (quoted verbatim):
“The Claimant respectfully urges the DRC to award the Claimant the underlisted reliefs
in the present dispute. The breakdown of the Claimant’s relief is as follows:
•
Outstanding salary for the month of July 2023 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of August 2023 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of September 2023 ($3000) plus 5% interest
Per Annum as from the due date of payment.
pg. 7
REF. FPSD-15705
•
Outstanding salary for the month of October 2023 ($3000) plus 5% interest
Per Annum as from the due date of payment.
•
Outstanding salary for the month of November 2023 ($3000) plus 5% interest
Per Annum as from the due date of payment.
•
Outstanding salary for the month of December 2023 ($3000) plus 5% interest
Per Annum as from the due date of payment.
•
Outstanding salary for the month of January 2024 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of February 2024($3000) plus 5% interest
Per Annum as from the due date of payment.
•
Outstanding salary for the month of March 2024 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of April 2024 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of May 2024 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of June 2024 ($3000) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding salary for the month of July 2024 ($3500) plus 5% interest Per
Annum as from the due date of payment.
•
Outstanding sign-on fees ($5000) plus 5% interest Per Annum as from the due
date of payment.
•
The sum of $86,500 (Eighty-Six Thousand Five Hundred Dollars) which is the
residual value of the employment contract being compensation for breach of
contract in line with the employment contract dated 1st July 2023 from August
2024 until effective date of expiration.”
b. Position of the Respondent
28. The Respondent did not provide its position to the claim within the time limit granted by
the FIFA General Secretariat.
pg. 8
REF. FPSD-15705
c. Information provided by the SAFA
29. At the request of the FIFA General Secretariat, the SAFA informed that the Claimant had
never been registered within the Federation and therefore that no employment contract
had been submitted by the Club for this purpose.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
30. 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 22 August 2024 and submitted for decision
on 12 December 2024. Taking into account the wording of art. 34 of the March 2023 edition
of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules),
the aforementioned edition of the Procedural Rules is applicable to the matter at hand.
31. Furthermore, the Chamber referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations (October 2024 edition), the Dispute Resolution Chamber is competent to deal
with the matter at stake, which concerns an employment-related dispute with an
international dimension between a player from Burkina Faso and a club from South Africa.
32. Subsequently, the Chamber analysed which regulations should be applicable as to the
substance of the matter. In this respect, it confirmed that, in accordance with art. 26 par. 1
and 2 of the Regulations (October 2024 edition), and considering that the present claim
was lodged on 22 August 2024, the June 2024 edition of the Regulations is applicable to the
matter at hand as to the substance.
b. Burden of proof
33. 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
34. 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.
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REF. FPSD-15705
However, the Chamber emphasised that in the following considerations it will refer only to
the facts, arguments and documentary evidence, which it considered pertinent for
assessing the matter at hand.
i. Main legal discussion and considerations
35. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that this is a claim of a player against a club concerning
an alleged termination of an employment relationship.
36. The Chamber started by recalling the arguments of the Claimant, who asserted that the
parties had a valid employment and that the Contract was terminated with just cause due
to outstanding remuneration.
37. The Chamber then acknowledged that the Club, on the other hand, did not respond to the
claim, entailing that the Chamber’s decision must be made on the basis of the
documentation on file, that is, the argumentation and evidence filed by the Claimant in line
with art. 14 par. 1 and 21, par. 1 of the Procedural Rules.
38. In light of the above, the Chamber stated that its task was to determine the following:
•
Is there a valid and binding employment contract between the parties?
•
In the affirmative, what are the circumstances of the termination? (i.e., the date of
termination of the Contract and the just cause)
•
What are the consequences?
Is there a valid and binding employment contract between the parties?
39. The Chamber started by recalling the Football Tribunal well-established jurisprudence
which dictates that, in order for an employment contract to be considered as valid and
binding, apart from the signature of both parties or any other proof of consent, it should
contain the essentialia negotii of an employment contract, such as the parties to the
contract and their role, the duration of the employment relationship and the remuneration
payable by the employer to the employee.
40. The Chamber further recalled that the signature of a contract by both parties is an
important element in order to establish an employment relationship, essentially because
this is the easiest way to demonstrate mutual consent. However, having an unsigned
specimen of the contract does not automatically mean there is no employment
relationship between the parties, because this shall be established on a case-by-case basis
and considering the entirety of the facts of the case and the elements at the disposal of the
deciding authority.
pg. 10
REF. FPSD-15705
41. In this regard, the Chamber noted that:
•
The Club sent a letter of invitation to the Player, duly signed by the Club, following
which the Claimant availed himself at the Club’s premises, as evidenced by the air
tickets provided;
•
The Contract contained the Player's name and the Club’s letterhead;
•
The Player provided various WhatsApp communications that matched the content
and timing of the e-mails sent by the Player to the Club, which remained
uncontested;
•
Within those correspondences, the parties acted as if they had moved beyond the
negotiation stage and had already entered into a valid contract. For instance, the
Club requested the Player's passport, the Player requested his salary and the Player
acknowledged receipt of ZAR 8,000 on 23 November 2023.
42. In light of the above and with due regard to the fact that the Club did not respond to the
Player’s claim, the Chamber was satisfied that an employment relationship existed
between the parties as embodied in the Contract.
If so, what are the circumstances of the termination? (i.e., the date of termination of the Contract
and the just cause)
43. The Chamber then turned to the analysis of the Contract termination, noting that the Player
claimed that it took place on 16 August 2024.
44. Notwithstanding the above, the Chamber observed that the Player had already notified the
Club of the Contract termination on 17 December 2023. Moreover, it appeared to the DRC
that the Player left the country in December 2023. Consequently, the Chamber decided
that the termination date by the Player should be 17 December 2023.
45. In continuation, the Chamber observed that the Player grounded the termination on the
Club’s failure to comply with its financial obligations.
46. In particular, the Chamber noted that, before terminating the Contract, the Player had
already requested the payment of his salaries since the start of the Contract (i.e., more than
two salaries) through his correspondences dated 14 November 2023, 28 November 2023,
30 November 2023, 10 December 2023; of which the Club only paid ZAR 8,000 (USD 441.34).
47. As such, and although the Chamber found that the criteria of art. 14bis of the Regulations
were not formally met in the absence of an explicit 15 day deadline in the Player’s notices
of default, the Chamber considered that such a persistent and substantial breach of the
pg. 11
REF. FPSD-15705
contractual obligations by the Club could still justify the unilateral termination of the
Contract and, in accordance with the settled jurisprudence of the Football Tribunal, render
the Club liable for breach of contract.
48. Consequently, the Chamber concluded that the Claimant terminated the Contract on 17
December 2023 with just cause based on art. 14 of the Regulations.
What are the consequences?
49. 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.
50. The Chamber first observed that the Contract would in principle have commenced on July
1, 2023, but noted that (i) the Club's letter of invitation was dated 31 July 2023; (ii) the Player
did not arrive in South Africa until August 2023; and (iii) the Player signed the Contract on
14 August 2023. Therefore, the Chamber concluded that the Contract commenced on 14
August 2023 and that the Player is, in principle, entitled to receive his salary from 14 August
2023 until the termination of the Contract.
51. Notwithstanding the above, the Chamber observed that the Player was away for one
month and did not provide any services to the Club during that month, i.e., between 15
October 2023 and 15 November 2023. Therefore, the Chamber also concluded that the
Player is not entitled to his salary from 15 October 2023 to 15 November 2023.
52. Finally, and for the sake of clarity, the Chamber also noted in the Claimant’s claim and
communications provided, the possibility of the Player to be on loan with the South African
club Baroka FC, but the Chamber concluded that this cannot be established as no evidence
was provided in this regard and the SAFA did not have any registration of the Player with
the Baroka FC’s club.
53. In view of the above considerations, the Chamber observed that the outstanding
remuneration at the time of termination, coupled with the specific requests for relief of the
Player, is equivalent to the following:
-
USD 1,203.83 as the prorated salary for 17 days of August 2023 minus the USD 441.34
paid by the Club;
-
USD 3,000 as the September 2023 salary;
-
USD 6,500 as sign on bonus plus 15 days of October salary;
-
USD 1,500 as the prorated salary for 15 days of November 2023; and
-
USD 3,000 as December 2023 salary.
pg. 12
REF. FPSD-15705
54. 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
aforementioned amounts, totalling USD 15,203.83.
55. In addition, 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 Claimant interest
at the rate of 5% p.a. on the outstanding amounts as follows:
-
On the amount of USD 1,203.83 plus 5% interest p.a. as from 1 September 2023
until the date of effective payment;
-
On the amount of USD 3,000 as from 1 October 2023 until the date of effective
payment;
-
On the amount of USD 6,500 as from 1 November 2023 until the date of effective
payment;
-
On the amount of USD 1,500 as from 1 December 2023 until the date of effective
payment; and
-
On the amount of USD 3,000 as from 17 December 2023 until the date of effective
payment.
56. Having stated the above, the Chamber turned to the calculation of the amount of
compensation payable to the Player by the Club in the case at stake. In doing so, the
Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the
amount of compensation shall be calculated, in particular and unless otherwise provided
for in the contract at the basis of the dispute, with due consideration for the law of the
country concerned 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.
57. In this regard, the Chamber established that no such compensation clause was included in
the Contract. 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.
58. Bearing in mind the foregoing as well as the claim of the Player, the Chamber proceeded
with the calculation of the monies payable to the Player under the terms of the Contract
from the date of its unilateral termination until its end date. Consequently, the Chamber
concluded that the amount of USD 108,000 serves as the basis for the determination of the
amount of compensation for breach of contract - i.e., USD 18,000 for the remainder of 2024
pg. 13
REF. FPSD-15705
(6*3,000) plus USD 42,000 for 2025 (3,500*12) plus USD 48,000 for the entire 2026
(4,000*12).
59. 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 players general obligation to
mitigate their damages.
60. In this respect, the Chamber noted that the Player remained unemployed since the
unilateral termination of the Contract, hence did not mitigate his damages.
61. The Chamber then referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in
case a player did not sign any new contract following the termination of their previous
contract, as a general rule, the compensation shall be equal to the residual value of the
contract that was prematurely terminated.
62. In this respect, the Chamber decided to award the Player compensation for breach of
contract in the amount of USD 108,000, representing the residual value of the contract.
63. Lastly, taking into consideration the Player’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 17 December 2023 until the date of effective
payment.
ii. Compliance with monetary decisions
64. 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.
65. 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.
66. 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
pg. 14
REF. FPSD-15705
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.
67. 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.
68. 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
69. 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.
70. 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.
71. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 15
REF. FPSD-15705
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Cheick Omar Ouedraogo, is partially accepted.
2.
The Respondent, TS Galaxy FC, must pay to the Claimant the following amount(s):
- USD 1,203.83 as outstanding remuneration plus 5% interest p.a. as from 1 September
2023 until the date of effective payment;
- USD 3,000 as outstanding remuneration plus 5% interest p.a. as from 1 October 2023
until the date of effective payment;
- USD 6,500 as outstanding remuneration plus 5% interest p.a. as from 1 November 2023
until the date of effective payment;
- USD 1,500 as outstanding remuneration plus 5% interest p.a. as from 1 December 2023
until the date of effective payment;
- USD 3,000 as outstanding remuneration plus 5% interest p.a. as from 17 December
2023 until the date of effective payment;
- USD 108,000 as compensation for breach of contract plus 5% interest p.a. as from 17
December 2023 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-15705
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 17
REF. FPSD-15705
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this
decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 17 of the Procedural Rules Governing the Football
Tribunal).
CONTACT INFORMATION
Fédération Internationale de Football Association – Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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