Labour Disputes
Texto da decisão
REF. FPSD-19434
Decision of the
Dispute Resolution Chamber
passed on 17 July 2025
regarding an employment-related dispute concerning the player Jai Quitongo
BY:
Andre DOS SANTOS MEGALE, Brazil
CLAIMANT:
Jai Quitongo, Great Britain
Represented by Melanie Schärer
RESPONDENT:
MARSAXLOKK, Malta
pg. 2
REF. FPSD-19434
I. Facts of the case
1.
On 12 September 2024, the British player, Jai Quitongo (hereinafter: the Player or the
Claimant), and the Maltese club, MARSAXLOKK (hereinafter: the Club or the Respondent),
entered into an employment contract (hereinafter: the Contract).
2.
Clause 1.1 of the Contract provided the following:
“This contract shall come into effect on the Player's first day of training with the Club of
season 2024/25 and terminate naturally on the Club's last competitive match of season
2024/25.”
3.
Clause 2 of the Contract provided, inter alia, the following:
“2. Remuneration & Other Benefits
2.1. In remuneration for his services, the Club shall pay the Player a gross monthly salary
of €3,778 (a net monthly salary of €3,400) from the Player's 1st day of training of season
2024/25 till the Club's last competitive match of season 2024/25. The gross monthly
salary is composed of: a basic monthly salary of €926 and monthly allowances
amounting to €2,852.
2.2. The above payments are to be made at the end of each month. Such remuneration
shall be paid by means of bank transfer.
2.3. The Club and the Player hereby agree that all taxes due by the Player to the Inland
Revenue Department and any national insurance contributions due arising out of this
Contract shall be paid by the Club, on behalf of the Player. The Player hereby authorizes
the Club to deduct from his monthly salary payment that amount which is due by the
Player to the national tax authorities and make such payment on his behalf.
[…]
2.6 The Player will be provided by the Club with shared accommodation and flight tickets
for Glasgow - Malta - Glasgow.”
4.
On 30 April 2025, the Club played their final official match of the season against the Maltese
club, Hamrun Spartans.
5.
On 22 May 2025, the Player sent the Club a notice of default, demanding payment of EUR
8,176.40 as outstanding remuneration, comprising to unpaid salary and reimbursement of
a flight ticket. The Player requested that the Club remedy the breach within 5 days.
pg. 3
REF. FPSD-19434
II. Proceedings before FIFA
6.
On 30 May 2025, the Player filed the claim at hand before FIFA. A summary of the parties’
respective positions is detailed below.
a. Claim of the Claimant
7.
In his claim, the Player alleged that the official season in Malta had expired on 10 May 2025.
However, the Player argued that the Club failed to pay his salary for March, April and the
first 10 days of May.
8.
Furthermore, the Player argued that the Club had also failed to reimburse him for his
return flight ticket to his home country, as stipulated in clause 2.6 of the Contract.
9.
Consequently, the Player requested the following relief:
“1. The Respondent shall be ordered to pay to the Claimant the amount of EUR 7,933
(seven thousand nine hundred and thirty-three Euros) as outstanding remuneration, plus
5% interest per year as follows:
•
over the amount of EUR 3,400, as of 1 April 2025 until the date of effective
payment;
•
over the amount of EUR 3,400, as of 1 May 2025 until the date of effective
payment; and
•
over the amount of EUR 1,133, as of 11 May 2025 until the date of effective
payment.
2. The Respondent shall be ordered to reimburse the Claimant the amount of EUR 243.40
for the costs of his return flight ticket.
b. Reply of the Club
10. On 24 June 2025, the Club submitted a copy of an email sent to the Player along with a
proof of payment for EUR 3,400. The Club also stated that their last official match took
place on 30 April 2025, implying that no salary was due for May 2025.
c. Additional comments of the parties
11. On 29 June 2025, and at the request of the FIFA general secretariat, the Player confirmed
receipt of the payment of EUR 3,400, which corresponded to his salary for March and April
pg. 4
REF. FPSD-19434
2025. However, the Player argued that the Contract would remain valid until the official
end of the season, entitling him to the prorated remuneration for May 2025.
12. The Player also insisted on his claim on reimbursement for his return flight ticket.
13. On 11 July 2025, the Club submitted proof of payment to the Player of EUR 243.40.
Subsequently, the Player confirmed receipt and excluded his request for reimbursement
of flight ticket costs.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
14. 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 30 May 2025 and submitted for
decision on 17 July 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.
15. 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 on the Status and Transfer of Players (hereinafter: the Regulations) (July 2025
edition), the Dispute Resolution Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international dimension between
a British player and a Maltese club.
16. 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 July 2025 edition of the Regulations is applicable to the matter at hand
as to the substance.
b. Burden of proof
17. 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 Transfer Matching System (TMS).
pg. 5
REF. FPSD-19434
c. Merits of the dispute
18. 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
19. The Single Judge then moved to the substance of the matter, noting that it concerned a
claim for outstanding remuneration.
20. The Single Judge observed that the Player initially claimed (i) his salary for two months and
ten days and (ii) reimbursement of flight tickets; but the Player confirmed receiving two
months’ salary and the ticket costs during the proceedings.
21. Therefore, the Single Judge recognised that his task was solely to establish whether the
Player is entitled to any sum for May 2025.
22. In casu, the parties have different views on the length of the Contract. The Player claimed
that it lasted until the official end of the season on 10 May 2025, whereas the Club ended
with the last official match of the season on 30 April 2025.
23. In this context, the Single Judge noted that clause 1.1 of the Contract clearly and
unequivocally established that the Contract would last until the Club’s last match, which
both parties agreed occurred on 30 April 2025. According to the Single Judge, this provision
is also consistent with clause 2.1 of the Contract, which again established that the
remuneration would only be paid to the Player until the last match.
24. While the Single Judge agreed with the Club that the FIFA regulations would, in principle,
require a contract to be signed until the end of the season, the Single Judge also
underscored that this provision does not empower the Football Tribunal to unilaterally
extend the Contract duration.
25. Similarly, the Player provided no evidence that he provided services until the date he
claimed to be the official end of the season or that he had reached any further agreement
with the Club regarding additional remuneration.
26. Therefore, the Single Judge rejected the Player’s claim.
pg. 6
REF. FPSD-19434
d. Costs
27. 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.
28. 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.
29. Lastly, the Single Judge concluded his deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 7
REF. FPSD-19434
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jai Quitongo, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 8
REF. FPSD-19434
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. 9