Labour Disputes
Texto da decisão
REF. FPSD-15731
Decision of the
Dispute Resolution Chamber
passed on 12 December 2024
regarding an employment-related dispute concerning the Player Joalisson
Santos Oliveira
COMPOSITION:
Lívia SILVA KÄGI (Brazil & Switzerland), Deputy Chairwoman
Alejandro ATILIO TARABORELLI (Argentina & Italy), Member
Roy VERMEER (The Netherlands), Member
CLAIMANT:
Joalisson Santos Oliveira, Brazil
Represented by Vilaca Advogados
RESPONDENT:
GZIRA UNITED, Malta
pg. 2
REF. FPSD-15731
I. Facts of the case
1.
The parties to the present dispute are:
-
The Brazilian player, Joalisson Santos Oliveira (hereinafter: the Player or the
Claimant)
-
The Maltese club, GZIRA UNITED (hereinafter: the Club or the Respondent)
2.
On 29 May 2024, the Player was added to the Club’s WhatsApp group.
3.
On an unspecified date, via the application WhatsApp, the Player and a Club’s
representative held various conversations in which the Player sent the Club’s
representative a termination’s letter which appears to be from his former club, and the
Club’s representative sent the Player a flight ticket.
4.
On 3 July 2024, the Club sent the Player an unsigned employment contract (hereinafter: the
First Draft Contract). However, none of the parties provided a copy of the First Draft
Contract. did not provide a copy of it.
5.
On 30 July 2024, the Respondent sent the Claimant an employment contract dated August
2024 (hereinafter: the Second Draft Contract), valid as from the date of signature until 8 June
2025.
6.
The Second Draft Contract contained the signatures of the Clubs’ secretary “Ian Micallef”
and the Player. However, and despite the space for signatures, it did not contain the
signatures of the Club’s president “Sharlon Pace” and the Club’s Treasurer “Alex Cassar”.
7.
The Second Draft Contract, read inter alia as follows:
Clause 1
“1.1 This contract shall be valid for one (1) football season and shall come
into effect from the date of signing of this agreement and terminate
naturally on the 8th June 2025. The contract shall only come into effect if
the player is successful in the medical and endurance test to be held by the
medical team and physical trainers of the Club.”
Clause 2:
“2.1 In remuneration for his services the Club shall pay the player monthly
salary of four thousand Euros (€4,000) gross of all taxes at the end of each
month and such payment shall be effected either by cheque or bank
transfer.
pg. 3
REF. FPSD-15731
However, the Club and the player agree that he shall be paid for his services
to the Club throughout the competitive football season, and therefore the
first day which shall be calculated for salary shall be the first day of training
and the last day shall be the day on which the Club plays the last
competitive match of the MF A football season for that particular season;
2.2 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.
[…]
2.4 The Club shall provide the player during the periods mentioned in
clause 2.1 above with shared accommodation. He shall have the shared use
of a car and may only be permitted to drive this car if he is in possession of
a valid International licence. […]”
Clause 3
“[…]
3.5 This Contract may be terminated either upon the expiry of its natural
termination, by mutual agreement between the parties, or unilaterally by
one of the parties for reasons of just cause or sporting just cause according
to the regulations of the Malta Football Association and/or FIFA.
3.6 Should just cause or sporting just cause exist for the premature
unilateral termination of this Contract, then such party claiming just cause
or sporting just cause shall file a complaint with the Complaints Board of
the Malta Football Association claiming such just cause or sporting just
cause. This Contract shall be deemed terminated only upon the publication
of a decision of the competent Malta Football Association judicial body
decreeing such termination.”
Clause 5
“[…]
5.5. The parties agree that this Contract is subject to the regulations of the
Malta Football Association, UEFA and FIFA.
5.6 The parties agree in the case of any dispute between the parties arises
out of this Contract, the parties shall first try to settle the dispute in an
amicable manner. lf such amicable solution is not found, then the
aggrieved party shall file a complaint with the competent board of the
pg. 4
REF. FPSD-15731
Malta Football Association to decide on such dispute, which shall have
exclusive jurisdiction over the matter […]”
8.
Reportedly, on 30 July 2024, a Club’s representative and the Player’s representative held
discussions via WhatsApp in which the Player’s representative requested a signed copy of
the contract. Moreover, the Player requested the following:
“The today date
Apartment alone for me and family
Individual car
Ticket go and back from Brazil for my wife and my daughter”.
9.
On an unspecified date, the Player arrived in Malta.
10. On unspecified dates, via WhatsApp, the Player and a Club’s representative held various
conversations in which, the Player was constantly requesting (?) new accommodation as he
was allegedly evicted from different hotels.
11. On 1 August 2024, the Claimant sent the following letter to the Respondent:
“In July 2024, the notified club signed a contract with the notifier for the
2024/2025 season adjusting salary and other clauses.
It turns out that, after the notifier arrived in Malta, after training and also
staying, the club now terminates his contract without justification and does not
even issue his return ticket.
Therefore, the Notifier informs that he intends to comply with the contract
signed with the club in all terms, that the club provides tickets for his family,
housing and car, as agreed.
In view of the above situation, the Club is granted a period of 15 (fifteen) days
for the Player to be fully integrated into the Gzira United squad and duly
registered with the Malta Football Federation, otherwise the Player will have no
choice but to be to take legal action against the Club before FIFA.”
12. On an unspecified date, via WhatsApp, the Club’s representative sent to the Player a flight
ticket to Brazil dated 14 August 2024.
pg. 5
REF. FPSD-15731
13. On 1 August 2024, the Player concluded an employment contract with the Indonesian club
Rans Football Club (hereinafter: the new contract), valid as from 1 August 2024 until 1 March
2025 with a monthly salary of IDR 37,000,000/ EUR 2,098.74.
14. On 19 August 2024, the Claimant sent a termination notice to the Respondent mentioning
that the latter did not fulfil its contractual obligations such as registering him in the Maltese
Football Federation and failed to fulfil the Claimant’s requirements as per his letter dated
1 August 2024.
15. In accordance with the information retrieved from the Transfer Matching System
(hereinafter: TMS), the 2024/2025 season started on 13 June 2024 and terminates on 8 June
2025. The first registration period for professional male players was from 13 June 2024 to
2 September 2024.
II. Proceedings before FIFA
16. On 23 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
17. The Claimant lodged a claim with FIFA for breach of contract. The Claimant argued that the
Club hired him before June 2024, as he was included in the Club’s team WhatsApp group
on 29 May 2024. However, according to the Claimant, despite all the negotiations, the Club
sent an unsigned contract on 3 July 2024. The Club then sent a new signed contract, with
the starting date in August.
18. The Player added that when he arrived in Malta, the Club constantly changed the hotel
where he was staying. Then, the Player mentioned that “he did not know if he was really on
the team, since he was being humiliated and left aside”. In view of those circumstances, the
Player sent a default notice, and as the Club failed to reply, the Player stated that the Club
“did not honor the terms of the contract, leaving the complaining athlete in a humiliating
situation and issued a return ticket for August 15, 2024, that is, ending the 15-day period granted
[…] the athlete informed the club of the termination of the contract for just cause on August 19,
2024. “
19. In view of the above, the Player requested the remuneration corresponding to the months
from July 2024 to June 2025:of a total of EUR 50,400.
20. The Claimant requested the following relief:
pg. 6
REF. FPSD-15731
“Recognition of FIFA – RDC’s competence to resolve this issue, based on the
understanding that this chamber is effective, agile and impartial, following the
principle of equality in the representation of players and clubs;
b) That the club be notified to offer a defense and, immediately after, compensation
for termination for just cause of the defendant club be granted, which corresponds to
the employment contract until the end to which it should be entitled, that is, until July
2025, corresponding to one season, plus a fine of 5% per year, from the due date until
the
date
of
payment,
totaling
the
amount
of............................................................................................... €50,400 euros;
c) In the event of signing a new contract for the next season and not finalizing this
claim, an alternative request is requested, that is, one that orders the club to pay for
the months that were left without work plus compensatory compensation of 3
remunerations, in accordance with the case law of this court, plus a fine of 5% from
the due date to the date of payment, the value of the fine that may be applied in
€12,600”
b. Position of the Respondent
21. In its reply, the Respondent requested to reject the claim.
22. The Respondent mentioned that:
-
It did not receive the two correspondences dated 1 and 19 August 2024 as such
correspondences were sent to spam.
-
The Player went to Malta for trial and in the meantime, there were discussions with
the Player about the content of the contract and that the alleged contract was
rejected by the Player as he requested new terms.
-
The Second Draft Contract was signed by a Club’s representative, however, it
mentioned that such contract needed the signature of the President, secretary and
treasurer of the Club. The Club mentioned that “I had signed [the secretary of the
Club] the draft and the player was advised verbally that it was a draft since I was going
to be away from Malta for a week and thus if agreed it could then be signed by the player
himself and the other officials of the Club.
The player took the draft contract to discuss with his agent (which is not included in the
draft contract as we were not aware about that until the contract was drafted) and
reverted requesting new conditions. He never returned the signed copy to us and the first
time we have seen the contract signed from his end was via the documentation submitted
to your goodselves.
pg. 7
REF. FPSD-15731
The above clearly shows that the player abused the good faith which we had in conducting
negotiations with the same player. “
-
“The contract presented would have been valid in our opinion if the signatories to bind
the Club were not indicated on the same contract. The document presented is the third
and last version of the contract since two other versions dated 2nd July 2024 and 29th
July 2024 and this third version which was issued on the 30th July 2024. The first version
was sent to him without signatures on the 2nd July 2024 and was asked to sign if he
agreed. This was prior to his travel to Malta as can be evidenced from the WhatsApp
messages produced by the player himself. He did not refuse that agreement but only
rejected it when he was in Malta for more than once even though each version was
amended to meet his changing demands. We gave him the opportunity and we took the
risk of signing him without any trial as the contract was sent for his signature prior to
coming over to Malta. It was only him, the player who rejected the offer and not the Club.
In his letter dated 1 st August 2024 which we never received for reasons mentioned above
but which has been submitted as part of his claim "DOC GZR0l" with reference to the draft
contract submitted by the Player as part of the documentation he says "In July 2024, the
notified club signed a contract with the notifier for the 2024/2025 season, adjusting salary
and other clauses".”
-
The Player rejected the last version of the contract (cf. the Second Draft Contract)
and this can be evidenced in the communications dated August 2024 via WhatsApp
(cf. the communication sent on 30 July 2024).
-
The Player did not pass any medical and endurance test as indicated in the Second
Draft Contract.
-
It is untrue that the Player was humiliated, he was treated in the same way as the
other players.
-
“The Club informed the player that we were not proceeding further as he had requested
again to modifications to the latest draft we had submitted and this prior to the 1st August
2024 as evidenced from the date of his first letter sent by email - "DOC GZR03" which we
never received for reasons mentioned above but which has been submitted as part of his
claim.”
-
The Player based his claim on the Second Draft Contract. In case FIFA rejects the
Club’s arguments, the dates of the contract should be from 30 July 2024 to 8 June
2024.
-
“It must also be pointed out that when he rejected the draft contract we immediately
notified him that we were closing off all negotiations for two reasons namely that we
wanted to define the members/players of our squad as the commencement of the league
was 3 weeks away and that he would have the time to engage with another club
pg. 8
REF. FPSD-15731
considering that there was a further month for the closure of most of the transfer
windows in Europe. It is evident that the player' s priority was not to find another club for
his professional career and then claim against us but rather to proceed with the claim
against us.”
-
The draft – as called by the Club - (i.e., the Second Draft Contract) was not added in
TMS, thus the Player would be able to be registered with other clubs.
23. The Respondent requested the following relief:
“a. Without prejudice we are granted a period to negotiate (even though we are
confident that we are not at fault) an amicable closure to this claim considering
that the emails had not reached us for reasons mentioned;
b. the draft contract for reasons mentioned above is not considered as a valid
contract entered into between the parties and therefore the claim is rejected
entirely;
c. should our counter claim under paragraph (b) is not accepted then the
damages are to be based on the period commencing 30th July 2024 up to the
8th June 2025 considering also that in these circumstance no additional fines
should be imposed as we acted in upmost good faith when we gave the player
notice that negotiations had been terminated on the same day that is the 30th
July 2024 giving him the possibility of registering with any other club which
possibility is still available to the player being out of contract and thus may
contract with another club at any time until the closure of the coming transfer
window.”
c. Additional comments of the Claimant
24. On 11 October 2024, the FIFA general secretariat informed the parties about the closure of
the submission phase and requested the Claimant to provide updates regarding his
employment situation as from the alleged termination of the Contract.
25. On 16 October 2024, the Player provided (i) a copy of his new employment contract and (ii)
other information/documentation in reply to the Respondent’s response (hereinafter: the
Claimant’s unsolicited documentation).
26. On the same date, the Respondent indicated inter alia that the Player concluded a new
employment contract on 1 August 2024 and alleged that he did not submit this information
in his claim (hereinafter: the Respondent’s unsolicited documentation).
27. On 12 November 2024, the FIFA General Secretariat (i) acknowledged receipt of the new
employment contract; (ii) referred to art. 23 par. 1 of the Procedural Rules Governing the
pg. 9
REF. FPSD-15731
Football Tribunal (hereinafter: the Procedural Rules) informing the parties that the Player’s
unsolicited documentation and the Respondent's unsolicited documentation have been
disregarded on the basis of the aforementioned article; and (iii) that based on art. 23 par.
2 of the Procedural Rules, the Player was invited to provide his comments as to the
Respondent’s position.
28. On 19 November 2024, the Claimant indicated that he signed the new employment
contract with a retroactive date, and the new club only introduced him on 5 September
2024 and mentioned that “The Complainant does not intend to enrich himself with the
requests, but merely demands justice for the breach of contract and for the hardship he suffered
with the club, having been left abandoned, being evicted from the hotel every day, being
humiliated by asking for money for food and his return ticket”.
pg. 10
REF. FPSD-15731
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
29. 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 23 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.
30. 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 on the Status and Transfer of Players (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 an nationality
player and a nationality club.
31. 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 on the Status and Transfer of Players (June 2024 edition), and
considering that the present claim was lodged on 23 August 2024, the June 2024 edition of
said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
32. 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 TMS.
c. Merits of the dispute
33. 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. 11
REF. FPSD-15731
i. Main legal discussion and considerations
34. The Chamber then moved to the substance of the matter, and took note that this is a claim
of a player against a club concerning a termination of the employment relationship.
35. The Claimant claims that together with the Respondent, they signed the Second Draft
Contract, which constitutes an employment contract. The Respondent on the other hand,
contested the validity of the Second Draft Contract.
36. In this context, the Chamber acknowledged that its task was to determine whether the
parties had a valid employment contract and the consequences of it, if any.
37. The Chamber observed the following:
-
Both parties agreed that an unsigned contract was sent on 3 July 2024 (i.e., the
First Draft Contract), however, no copy of such contract was provided by any of
the parties.
-
Both parties agreed that the Club sent a signed copy dated “August 2024” (i..e, the
Second Draft Contract). However, the Respondent contested its validity as it was
not signed by all the representatives of the Club. It is also noted that the Club
mentioned that the Player did not return the signed contract or send any proof
of acceptance, the Club mentioned that the Player requested additional
conditions.
-
Most of the evidence provided by the Player was undated (?) and it was unclear
when the facts occurred.
-
The Player was at the Club’s premises in July; however, the exact date was not
provided. In addition, the Player provided evidence that he participated in
trainings and a match.
-
In the Player’s additional comments, the Player only referred to the date of signing
of the new contract, however, he did not provide any further evidence as to his
acceptance of the Second Draft Contract. There is not any e-mail, WhatsApp or
additional communication indicating the Player’s acceptance to the Second Draft
Contract.
38. The Chamber concluded that the Parties did not have a valid employment contract
considering that:
-
The Club provided the Player with a signed copy of the Second Draft Contract;
however, the Player did not provide any evidence of his acceptance to the Second
Draft Contract. Therefore, and given that the Player did not satisfactorily prove
pg. 12
REF. FPSD-15731
otherwise, the Chamber concluded that the Player did not accept the terms of the
Second Draft Contract.
-
The Player signed a new contract on 1 August 2024, i.e. before the Player's
termination notice dated 19 August 2024 and at the same time as the Second Draft
Contract would have allegedly started i.e., August 2024. In this regard, the Chamber
emphasised that, although the Claimant mentioned that the date set on the new
contract was set retroactively, no evidence was provided in this respect. In this
regard, the Claimant did not provide any emails exchanged between the new club
and the Player to confirm the alleged date of signing, nor any proof that the new
contract was in fact signed at a later stage. Moreover, the new club's Instagram post
submitted by the Player does not prove that the new contract was indeed signed at
a later date. Therefore, and given that the Player did not satisfactorily prove
otherwise, the Chamber concluded that the new contract entered into force on 1
August 2024.
-
In view of the above, the Player’s only employment contract starting in August 2024
was the new contract, otherwise, the Player would have two employment contracts
- which is contrary to FIFA regulations.
39. Consequently, the Chamber decided to reject the Claimant’s claim.
d. Costs
40. 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.
41. 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.
42. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 13
REF. FPSD-15731
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Joalisson Santos Oliveira, is rejected.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 14
REF. FPSD-15731
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. 15