Labour Disputes
Texto da decisão
REF. FPSD-18951
Decision of the
Dispute Resolution Chamber
passed on 6 June 2025
regarding an employment-related dispute concerning the player Kingsley
Owusu
BY:
Calum Beattie, Scotland
CLAIMANT:
Kingsley Owusu, Ghana
Represented by Joseph William Osei-Bonsu Bannerman
RESPONDENT:
TFA Academy, UAE
pg. 2
REF. FPSD-18951
I. Facts of the case
1.
The parties to this dispute are:
•
The Ghanaian player, Kingsley Owusu (hereinafter: the Player or the Claimant); and
•
The Emirati club, TFA Academy (hereinafter: the Club or the Respondent), which is
affiliated to the United Arab Emirates Football Association (UAEFA).
2.
According to the Player, the Club contacted him in August 2024 to invite him to a trial and
discuss a potential employment contract.
3.
On 30 August 2024, the Player received two documents via WhatsApp: one entitled “eVisa
Mr KINGSLEY OWUSU” and the other entitled “Insurance voucher Mr KINGSLEY OWUSU”. The
documents were sent from a contact saved as “Ali TFA EPC”, who the Player identified as a
Club representative.
4.
In parallel, the Player also submitted (i) a tourist visa valid for 30 days, from 29 August 2024
until 27 October 2024; and (ii) a travel insurance certificate valid from 30 August 2024 until
28 September 2024.
5.
On 16 September 2024, a contact saved as Blessing Mushonga UAE (hereinafter: Mr
Mushonga) sent the Player a document entitled “Kingsley Owusu” via WhatsApp. The parties
also exchanged the following messages, quoted verbatim:
6.
Mr Mushonga:
[attachment]
Let me know when you are ready to sign
Player:
I will go true it and get back to you now
Mr Mushonga:
Sure!
Player:
Thank you so much!
Mr Mushonga:
You are welcome
Ready to sign?
Player:
Mr blessing am Ready
On 18 September 2024, the Player signed a document entitled “Foreign Player’s
Acknowledgement”, which stated as follows, quoted verbatim:
“I am (Player’s name) KINGSLEY OWUSU Nationality Ghana
pg. 3
REF. FPSD-18951
Date of Birth 03/08/2002, I hereby agree to register with (name of club) TFA at (name of
competition) UAE DIVISION 3 as (professional / amateur) PROFESSIONAL and undertake
to practice football and participate in all club activities supervised by the association,
endorsing that I was not registered with any club or association of any other sports –
either within UEA or abroad and declare that:
-
I am well aware of all regulations and its amendments as well as decisions issued by
the association and do hereby comply my with the same.
-
I am not currently subjected to any sporting sanctions or disciplinary measures or
suspension from any FIFA or national association.
-
All information provided by me are correct, and I will be solely and fully responsible
for any sanction imposed in case of the contrary.
-
(for professional Player only) the contract which I signed with the club attached with
my registration documents is the only contract I have and I do received a copy of my
contract with the club the same upon signing, and that I am not registered, and I have
not any contract with any other club within UAE or abroad at the date of signing this
contract till its expiry”.
7.
On 19 September 2024, the Club entered a transfer instruction into the FIFA Transfer
Matching System (TMS) to sign the Player permanently (Transfer ID: 928851). Together with
this transfer instruction, the Club uploaded a copy of an employment contract dated 1
September 2024, valid from this date until 1 June 2025 (hereinafter: the TMS Contract).
8.
Pursuant to article 3 of the TMS Contract, the Club undertook to pay the Player a monthly
salary of AED 2,000, payable by the end of each calendar month.
9.
Article 10 of the TMS Contract provided:
“Article Ten
The parties have agreed that [the Club] shall pay [the Player]bonuses for winning or
drawing in matches in accordance with the bonus regulations of the club, as well as
bonuses for winning championships or any advanced positions as determined by the
club's management board”.
10. Article 12 of the TMS Contract provided inter alia that:
“Article Twelve - termination by mutual consent or by just cause:
12.1. The contract may not be terminated except upon its expiration in accordance with
Article 3 of this Contract or by mutual agreement between the parties, or in the presence
of a justifiable cause that warrants its termination by one party.
pg. 4
REF. FPSD-18951
12.2. The two parties have agreed, explicitly and clearly, that the party who suffers from
one or more of the following cases has the right to terminate the contract unilaterally,
considering these cases as agreed upon justifiable reasons between the parties that
cannot be disputed in the future when they occur, and they are as follows
A.
If the club delays without excuse in paying the player's monthly dues for a period
exceeding two consecutive.
B.
If [the Player]refuses to participate in two consecutive or separate official
matches for the club or misses attending ten consecutive or separate team
training sessions or fails to attend one of the club's official camps during one
sports season without an acceptable excuse by [the Club].
(…)
12.4. In the event that one party terminates the contract for a just cause, whether
according to the terms specified in clause 14-2 or as determined by the relevant union
committees under clause 14-3, no financial consequences or compensations shall arise
for the party terminating the contract for a just cause. However, the party that is
adversely affected by the termination for a just cause shall have the right to seek
compensation from the other party for any damages incurred as a result of its breach of
obligations leading to the contract's termination.”
11. On 18 October 2024, the Player received a message allegedly via the Club’s WhatsApp
group stating that the “bonus for Sporting win will be paid today before the game”.
12. On 27 October 2024, a person identified as by the Player as the Club’s coach posted the
following message in the Club’s WhatsApp group: “Bonus will be paid today before the
match”.
13. On 14 November 2024, the Player and Mr Mushonga exchanged the following messages:
Mr Mushonga:
Good morning Kingsley
How are you
I have your salary
Message me as soon as you get back
Player:
Ok Mr Blessing
Please when you come around
Please am fine what about you
14. On 27 January 2025, the Player travelled from Dubai (UEA) to Accra (Ghana) with a stopover
in Doha (Qatar). The tickets were purchased by the Club.
pg. 5
REF. FPSD-18951
15. On 2 February 2025, a person identified by the Player as the Club’s coach posted the
following message in the Club’s WhatsApp group:
“Hey guys,
Message for the ones who didn’t attend this morning call.
Just confirming that we had to make the decision to stop the team as we can not afford
it anymore.
Sorry”.
16. On 11 March 2025, the Player sent the Club a notice of default, demanding payment of AED
11,500 as the salary for the months from September 2024 to February 2025, as well as two
winning bonuses. The Player requested that the breach be remedied within 15 days.
17. On 6 April 2025, the Player terminated his employment, citing just cause due to overdue
payables.
18. The Player informed that he remained unemployed following the termination with the
Club.
II. Proceedings before FIFA
19. On 15 April 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Position of the Player
20. In his claim, the Player argued that he had signed a contract with the Club in September
2024, but that the Club had never provided him with a copy. He claimed that this contract
would be valid for a period of one year (until June 2025) and that he was entitled to a
monthly salary of AED 2,00 and a winning bonus of AED 250.
21. The Player also explained that he had played in several matches for the Club in the 3rd
division of the UEA national championship. However, he claimed that he had to travel to
Ghana in January 2025 to resolve his visa issue, after which the Club informed the squad
that it would “stop the team”.
22. The Player pointed out that the Club appears to be continuing its activities, as evidenced
by its manager’s social media posts. Furthermore, he alleged that the Club failed to pay his
salary or respond to the default notice, thus giving grounds for termination in accordance
with art. 14bis of the Regulations on the Status and Transfer of Players (hereinafter: the
Regulations).
23. The Player requested the following relief, quoted verbatim:
pg. 6
REF. FPSD-18951
“The Claimant seeks compensation in the amount of AED 17,500 net (Seventeen
Thousand Seven Hundred Dirhams) with 5% interest per annum from the due date of
payment as salary arrears and residual value of the contract, to be paid within 30 days.
This amount comprises:
•
AED 2,000 net as the Player's salary for September 2024 with 5% interest p.a.
•
AED 2,000 net as the Player's salary for October 2024 with 5% interest p.a.
•
AED 1,000 net as 50% of the Player's salary for November 2024 with 5% interest
p.a.
•
AED 2,000 net as the Player's salary for December 2024 with 5% interest p.a.
•
AED 2,000 net as the Player's salary for January 2025 with 5% interest p.a.
•
AED 2,000 net as the Player's salary for February 2025 with 5% interest p.a.
•
AED 2,000 net as the Player's salary for March 2025 with 5% interest p.a.
•
AED 4,000 (Four Thousand Dirhams net) representing the residual value of the
Contract from April 2025 to May 2025 (2 months) at a salary of AED 2,000 per
month with 5% interest p.a from April 2025 till date of payment
•
AED 250 as winning bonus vs Liver Sport
•
AED 250 as winning bonus vs Sporty
4. Joint Liability
The Claimant respectfully requests that Mr. Ali Jishi, Coach Fouad, the Club and its junior
side (TEA Elite Academy) be held jointly liable for the payment of compensation to the
Player. Given that Mr. Ali Jishi and Coach Fouad continue to operate an academy, their
claim of financial incapacity to sustain the Club is unconvincing. Therefore, the Claimant
asserts that they should be compelled to settle all outstanding financial obligations owed
to the Player.
5. Imposition of Sporting Sanctions
The Claimant requests that sporting sanctions be imposed upon the Club, its affiliates, in
particular its lower age Academy and its officials; Mr. Ali Jishi, the Coach and other
officials who acted in various capacities for the Club, as they failed to act in good faith
pg. 7
REF. FPSD-18951
by failing to pay the Player his salaries and attempting to evade their responsibilities by
intentionally concluding the professional league pre-mature and thus preventing the
Player from enjoying his basic rights of playing organized football.”
24. On 23 April 2025, the FIFA general secretariat acknowledged receipt of the Player’s claim
and inter alia informed him that the Football Tribunal does not have jurisdiction over club
officials. Consequently, the Player was invited to amend his claim and to provide further
documentation where applicable.
25. On 28 April 2025, the Player inter alia updated his requests for relief in order to exclude
those previously made against the club officials. However, he insisted on his claim for
compensation for breach of contract, seeking AED 17,500.
b. Position of the Club
26. The Club did not respond to the claim.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
27. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 15 April 2025 and submitted for
decision on 6 June 2025. Taking into account the wording of arts. 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.
28. Furthermore, the Single Judge 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 (January 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 an Ghanaian player and an Emirati club.
29. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 29 of
the Regulations, the January 2025 edition of the Regulations is applicable to the matter at
hand as to the substance.
pg. 8
REF. FPSD-18951
b. Burden of proof
30. 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 he may
consider evidence not filed by the parties, including without limitation the evidence
generated by or within the TMS.
c. Merits of the dispute
31. Having established the competence and the applicable regulations, 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 he will refer only to the facts, arguments and documentary evidence, which
he considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
32. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim for breach of contract brought by a player against a club.
33. The Single Judge observed that the Player claimed that he had signed a contract with the
Club but had never received a copy of it. He also claimed that the Club had failed to obtain
his work visa and had announced the termination of the team, as well as ceasing to pay his
remuneration.
34. On the other hand, as the Club did not respond to the claim, the Single Judge recognised
that his decision must be taken solely on the basis of the documentation provided by the
Player (cf., art. 21, par. 1 of the Procedural Rules).
35. In this context, the Single Judge determined that his task was to rule on (i) the contractual
basis of the parties’ employment relationship, if any; (ii) the circumstances of the
termination; and (iii) the consequences thereof.
A. THE CONTRACTUAL BASIS
36. As a starting point, the Single Judge recalled that the Player does not have a copy of the
contract that he allegedly signed with the Club. In fact, the copy of the contract he provided
is not signed by either party, and he has also failed to furnish a copy of the offer he allegedly
received via WhatsApp.
pg. 9
REF. FPSD-18951
37. As a result, the Single Judge found that this claim would in principle have not succeeded
due to the lack of contractual basis.
38. Nevertheless, the Single Judge also noted that (i) the Club registered the Player in TMS; and
(ii) the Club submitted a signed contract to this transfer instruction, which apparently
matched the terms and conditions referred to by the Player.
39. In the absence of other convincing evidence to the contrary, the Single Judge then decided
that the TMS Contract be considered as the document governing the parties’ employment
relationship.
B. THE TERMINATION
40. The Single Judge then proceeded to analyse the contract termination.
41. In particular, the Single Judge noted that the Player claimed that he had terminated his
contract with just cause after the Club failed to pay him a significant portion of his
remuneration. Furthermore, he claimed that he had contacted the Club several times in an
attempt to resolve the issue, but to no avail.
42. At this point, the Single Judge also noted that the Player submitted evidence that (i) in late
January 2025, he travelled to Ghana with tickets provided by the Club and allegedly in order
to obtain a work visa; (ii) on 2 February 2025, the Club allegedly announced the termination
of the team due to a lack of financial resources; and (iii) no further communication was
exchanged between the parties until 11 March 2025, when the Player claimed outstanding
remuneration and subsequently terminated his contract.
43. Considering the above, and in the absence of any response or counterevidence from the
Club, the Single Judge was first convinced that the termination was the Club’s fault and that
it should in any event be held liable. Nevertheless, contrary to the Player’s argument, the
Single Judge also found that by instructing the Player to fly back home and subsequently
announcing its intention to “close the team”, the Club had already made it abundantly clear
that it would no longer continue with the employment relationship.
44. Consequently, and although the Player documented a formal termination due to overdue
payables, the Single Judge was of the opinion that the parties had already parted ways
before the termination notice was issued and that the TMS Contract shall be considered
terminated as of 2 February 2025 – i.e., when the Player confirmed being informed of the
team’s dissolution.
45. Furthermore, the Single Judge also concluded that this termination occurred without just
cause, since there are no elements in the case file that could suggest otherwise.
pg. 10
REF. FPSD-18951
C. CONSEQUENCES
46. Having stated the above, the Single Judge turned to the question of the consequences of
such unjustified breach of contract committed by the Club.
47. The Single Judge first established that, in accordance with the general legal principle of
pacta sunt servanda, the Club is liable to pay to the Player the outstanding salary under the
TMS Contract at the time of the termination, plus applicable interest, as follows:
•
AED 2,000 as the September 2024 salary, plus 5% interest p.a. from 1 October 2024;
•
AED 2,000 as the October 2024 salary, plus 5% interest p.a. from 1 November 2024;
•
AED 1,000 as the prorated November 2024 salary, since the Player acknowledged
receipt of the other half, plus 5% interest p.a. from 1 December 2024;
•
AED 2,000 as the December 2024 salary, plus 5% interest p.a. from 1 January 2025;
•
AED 2,000 as the January 2025 salary, plus 5% interest p.a. from 1 February 2025.
48. Next, the Single Judge acknowledged that the Player also claimed AED 500 in match
bonuses. However, he observed that the TMS Contract did not stipulate the amount to be
paid by the Club per match.
49. Furthermore, although the Player provided screenshots of conversations allegedly held
with the Club regarding these entitlements, the Single Judge found that none of the
evidence contained a clear reference to the amount to be paid by the Club.
50. Consequently, the Single Judge rejected this part of the claim.
51. Having stated the above, the Single Judge turned to the calculation of the amount of
compensation payable by the Club in the case at stake. In doing so, the Single Judge 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.
52. In application of the relevant provision, the Single Judge held that he first had to clarify
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.
pg. 11
REF. FPSD-18951
53. In this regard, the Single Judge recalled that clause 12.4 of the TMS Contract provided the
following:
“12.4. In the event that one party terminates the contract for a just cause, whether
according to the terms specified in clause 14-2 or as determined by the relevant union
committees under clause 14-3, no financial consequences or compensations shall arise
for the party terminating the contract for a just cause. However, the party that is
adversely affected by the termination for a just cause shall have the right to seek
compensation from the other party for any damages incurred as a result of its breach of
obligations leading to the contract's termination.”
54. However, although the abovementioned provision referred to an entitlement to
compensation, the Single Judge found that the TMS Contract did not specify the amount
payable by the party in breach to the other party. In fact, the clause merely referred to the
concept of “damages”.
55. As a consequence, the Single Judge 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 Single Judge recalled that, as a
general rule, the compensation to be paid to the Player 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) of the Regulations).
56. Bearing in mind the foregoing as well as the claim of the Player, the Single Judge proceeded
with the calculation of the monies payable to the Player under the terms of the TMS
Contract from the date of its unilateral termination until its end date. Consequently, the
Single Judge concluded that the amount of AED 6,000 (i.e., the salary for the months of
March, April and May 2025) serves as the basis for the determination of the amount of
compensation for breach of contract.
57. In continuation, the Single Judge confirmed that the Player did not find new employment
and therefore could not mitigate his damages.
58. Consequently, on account of all the above-mentioned considerations and the specificities
of the case at hand, the Single Judge decided that the Club must pay the Player AED 6,000,
which was to be considered a reasonable and justified amount of compensation for breach
of contract in the present matter.
59. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Football Tribunal in this regard, the Single Judge decided to award the Player interest on
said compensation at the rate of 5% p.a. as of the date of the claim (15 April 2025) until the
date of effective payment.
pg. 12
REF. FPSD-18951
ii. Compliance with monetary decisions
60. 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.
61. 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.
62. Therefore, bearing in mind the above, the Single Judge 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 Player, 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 Club in
accordance with art. 24 par. 2, 4, and 7 of the Regulations.
63. 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.
64. 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
65. 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,
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
66. 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.
67. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 13
REF. FPSD-18951
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Kingsley Owusu, is partially accepted.
2.
The Respondent, TFA Academy, must pay to the Claimant the following amount(s):
- AED 2,000 as outstanding remuneration plus 5% interest p.a. as from 1 October 2024
until the date of effective payment;
- AED 2,000 as outstanding remuneration plus 5% interest p.a. as from 1 November 2024
until the date of effective payment;
- AED 1,000 as outstanding remuneration plus 5% interest p.a. as from 1 December 2024
until the date of effective payment;
- AED 2,000 as outstanding remuneration plus 5% interest p.a. as from 1 January 2025
until the date of effective payment;
- AED 2,000 as outstanding remuneration plus 5% interest p.a. as from 1 February 2025
until the date of effective payment; and
- AED 6,000 as compensation for breach of contract plus 5% interest p.a. as from 15 April
2025 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. 14
REF. FPSD-18951
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 15
REF. FPSD-18951
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. 16