Labour Disputes
Texto da decisão
REF. FPSD-14202
Decision of the
Dispute Resolution Chamber
passed on 22 August 2024
regarding an employment-related dispute concerning the player Sleimane
Souleimane
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Khadija TIMERA (Senegal), Member
Oleg ZADUBROVSKIY (Russia), Member
CLAIMANT:
Sleimane Souleimane, Mauritania
Represented by Slim Boulesnam
RESPONDENT:
AL Qasim, Iraq
Represented by Ammar Asfour
pg. 2
REF. FPSD-14202
I. Facts of the case
1.
On an unspecified date, the Mauritanian player, Sleimane Souleimane (hereinafter: the
Claimant or the Player) and the Iraqi club, AL Qasim (hereinafter: the Respondent or the Club)
concluded an employment contract valid as from 1 October 2023 until 1 July 2024
(hereinafter: the contract).
2.
The contract reads inter alia as follows:
“ 1. The two parties agreed provided that [the Player] represents [the Club], the
football premier league for the end of the season 2023-2024 renewable with the
approval of [the Player] with a monthly salary of( 3000 $).
2. the club guarantees two ways flight ticket go and back.
3. provide adequate housing for the player.
4. A player is not entitled to play in Iraq clubs without the approval of our club.
5. In the event of exceptional cases that the country is going through such as (wars,
natural disasters .epidemics) the contract is considered broken and resorting to an
amicable solution between the agrees of two parties. […]”
3.
By correspondence dated 2 January 2024, the Claimant put the Respondent in default and
requested payment of USD 9,000 corresponding to the salaries between October 2023 and
December 2023, setting a time limit of 15 days in order to remedy the default.
4.
By correspondence dated 8 January 2024, the Claimant sent to the Club the following:
“You are trying to force the player to sign a Final Clearance (Exhibit) in which he
certifies that he has been paid and that he is not entitled to any compensation.
The player informs you that he wishes to honour his contract and that he refuses to
sign this termination because it is in direct violation of the principle of contractual
stability and the concept of just cause and gives an excessive advantage to the club
while violating them player's fundamental employment rights.
We would therefore ask you to stop putting any pressure on the player and to avoid
threatening or intimidating him in any way. We refer you to article 14 bis of the FIFA
RSTJ. This situation, which is abusive and uncertain, places the player in a state of real
stress that cannot be allowed to continue.”
5.
On the same date, by correspondence, the Claimant requested the Respondent the
following:
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REF. FPSD-14202
“You have banned the player from training, we ask the club to :
- Reinstate the player to the rest of the team and allow him to train as a football player
within the next 24 hours.
Please note that according to article 14.2 of the FIFA RSTP, your current behaviour is
illegal.”
6.
On the same date, by two correspondences, the Respondent replied to the Claimant
contesting the allegation that he was forbidden to train with the Respondent and that it
was the Claimant who refused to train. The Respondent further requested the Claimant
train with the Respondent.
7.
By correspondence dated 9 January 2024, the Claimant replied to the Respondent
contesting the content of the letters dated 8 January 2024 and mentioned that the Club did
not fulfil its contractual obligations. Moreover, it was mentioned that the Claimant would
attend training and competitions as requested by the Respondent. The Claimant once
again requested the Respondent to regularise the situation.
8.
On the same date, by correspondence, one of the Respondent’s representatives replied to
the Claimant mentioning that the content of the Claimant’s letter was inaccurate and that
the Club did respect its contractual obligations and did not prevent the Player from training.
9.
On the same date, by correspondence, the Claimant replied to the Respondent, stating that
he had never received anything from the Respondent and that he had received a document
from the Respondent obligating him to sign a final settlement. Finally, he asked the Club to
provide any evidence that the Player's administrative situation in Iraq had been
regularized.
10. By correspondence dated 15 January 2024, the Player requested that the Club provide him
with the training program or add the Player back to the Team’s WhatsApp group.
11. On the same date, by correspondence, the Club replied to the Player by sending pictures
of the Player training.
12. On the same date, by correspondence, the Player replied to the Club indicating that he
needed the programme’s training and not the pictures.
13. On 18 January 2024, via the application WhatsApp, the Club’s President sent messages to
the Player which were then deleted. A copy of such communication was provided.
14. On an unspecified date, the Claimant and the Club’s president held the following WhatsApp’
communications (quoted verbatim):
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REF. FPSD-14202
“Player: No, I finished remembering, but I don’t know that I understood the topic. I will take here.
I want you to give me $ 4000.
Club: From captain, I am honest with you, trust God. I only have $ 3000
Player: Ok, may God help me, God willing”.
15. By correspondence dated 21 January 2024 at 00:35, the Player sent to the Club a
termination notice, mentioning that the requested salaries had not been paid.
16. On 21 January 2024, the Player attempted to leave Iraq however, but he was unable to do
so due to his visa situation.
17. By correspondence dated 22 January 2024, the Player requested the Club to support him
in order to leave the country within 24 hours.
18. On the same date, by correspondence, the Club replied to the Player the following:
“Mr. player agent Suleiman Suleiman The player has left the club headquarters
without our knowledge or approval. We ask you to inform him immediately and return
to the club headquarters We have informed the Iraqi Football Association f the player’s
departure Waiting your response asap”.
19. On the same date, by correspondence, the Player replied to the Club the following:
“As you are aware of, the player terminated his contract due to your club's breaches.
He now wants to return home to his family and we request that you facilitate his
departure with the Iraqi authorities as you are its employer and thus the only ones
able to allow him to leave the country. As said, if you do not facilite his departure in
the next 24 hours, we will request the intervention of FIFA.”
20. On the same date, by correspondence, the Club replied to the Player the following:
“I had previously asked you to inform the player of his immediate return to the club
and to contact us. You know full well that the player made a mistake when he left
without the knowledge of the club. We assure you once again that we are ready to
help and we hope that he contacts us immediately or with anyone in the Iraqi Football
Association.”
21. On the same date, the Player sent a letter to the Iraqi Football association requesting that
it help him leave the country.
22. On the same date, by correspondence, the Player also replied to the Club indicating the
following:
pg. 5
REF. FPSD-14202
“Your reply is rather cryptic so please let us specify and ask you for clarity. The player
terminated his contract and informed you of it in due time. He does not intend to
change his mind and he simply needs your support to leave Iraq.
This being said, can you then confirm that if he comes to your office, you will help him
to regularise his administrative situation and obtain all documents to safely and
lawfully leave the country? The player is in a great state of stress due to his situation
and we need clarity as to what steps you intend to take to support him.”
23. On the same date, by correspondence, the Club replied to the Player the following:
“The club cannot bear the player’s mistakes. We confirm that the player made his
decision to travel without the club’s approval or coordination with the club”.
24. By correspondence dated 23 January 2024, the Claimant replied to the Club the following:
“Despite our multiple requests, you keep refusing to help the player. Worse, we ask
you to stop conditioning your support to the signing of a waiver which is what you
have been trying to do the past hours.”
25. On the same date, by correspondence, the Club replied to the Player the following:
“I comply with FIFA regulations I cannot ask the player to concede, but you impose
illusions and stories that are not true The player is now in the Mauritanian embassy
He hasn't contacted me yet Please adhere to professional ethics”
26. By correspondence dated 24 January 2024, the Player replied to the Club the following:
“We once again regret that you did not provide any support to the player, instead you
kept putting pressure verbally by requesting him to waive all his rights in order to get
your help.
He was forced to sleep at the Mauritanian Embassy for safety reasons since your club
kept on asking for his location. The player is scared and stressed.
One last time, please provide the Iraqi border police with a written confirmation that
the player is allowed to leave the country and the payment of USD 400 that he has to
pay as penalty due to your refusal to extend his visa.
If no support is provided from you within the next 5 hours, we will request FIFA's
intervention.”
27. The Player confirmed FIFA that he remained unemployed.
pg. 6
REF. FPSD-14202
28. The Player was born on 27 December 1999.
II. Proceedings before FIFA
29. On 26 March 2024, the Claimant filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Claimant
30. The Claimant filed a claim for breach of contract and requested the payment of his
outstanding remuneration and compensation for breach of contract.
31. As to the facts, the Player mentioned that:
-
The Club provided a “final clearance” document which he refused to sign.
-
On an unspecified date, the Player was removed from the Team’s WhatsApp
group.
-
He had to borrow money due to his precarious situation and bought a plane
ticket to return to his country on 21 January.
-
The Player was able to leave the country after the intervention of the Mauritanian
ambassy.
32. In his claim, the Player argued that the Club failed to fulfil its financial obligations, and that
the Player terminated the contract with just cause.
33. Moreover, the Player mentioned that (i) the Club did not renew the visa and he had to stay
in Iraq due to the Club’s failure to provide a work permit or visa; (ii) the Player was removed
from the training of the first team without any justification; and (iii) the Club’s behaviour
after the termination shall be considered in determining the consequences.
34. The Player further alleged that, after the authorities refused to allow the Player to leave the
country on 21 January 2024 due to the expiration of his visa, the Club refused to assist him
- unless the Player agreed to waive his rights. According to the Player, this is corroborated
by communications with the Club, which repeatedly stated that the Player was attempting
to leave the country without the Club's permission.
35. In view of all the above, the Player requested the following:
-
Unpaid salaries: USD 12,000
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REF. FPSD-14202
October 2023 salary: USD 3,000 plus 5% interest p.a. as from 1 November 2023
November 2023 salary: USD 3,000 plus 5% interest p.a. as from 1 December 2023
December 2023 salary: USD 3,000 plus 5% interest p.a. as from 1 January 2024
January 2024 salary: USD 3,000 plus 5% interest p.a. as from 1 February 2024
-
Flight tickets: EUR 2,000/TND 6,745
Reimbursement of the flight ticket or in accordance with FIFA travel plus 5%
interest as from 21 January 2024.
-
Residual value: USD 18,000
The Claimant mentioned that the residual value amounts to USD 15,000 plus 5 %
interest as from the date of termination, 21 January 2024.
-
Additional compensation:
In case the Player would conclude a new contract, the Claimant requested an
additional compensation of 6 months due the abusive behaviour of the Player.
-
Specificity of sport: USD 36,000.
-
Impose a sanction to the Club.
b. Position of the Respondent
36. On 26 April 2024, the Club filed its reply and a counterclaim against the Player.
37. On 30 April 2024, the FIFA general secretariat acknowledged that the Club had lodged a
counterclaim against the Player. As a consequence, the Club was requested to complete its
submission in line with art. 18 of the Procedural Rules Governing the Football Tribunal and
to provide : a detailed breakdown of the amount you seek as relief, indicating individually: (i)
each of its components, (ii) their currency, (iii) their contractual basis and (iv) which period
of time (day/month/year) they correspond to” by no later than 6 May 2024.
38. Notwithstanding the above, the Club failed to complete its submission within the deadline
granted by the FIFA general secretariat. Therefore, its counterclaim was deemed
withdrawn, and the submission-phase closed (cf. art. 23 of the Procedural Rules Governing
the Football Tribunal)
39. The statement of defense of the Club is outlined in continuation.
pg. 8
REF. FPSD-14202
40. The Club mentioned that the Player violated the terms of the contract as per the following:
-
the Player left the team on 21 January 2024 without the Club’s approval.
-
The Player “was always summoning the player to give him the monthly salary, but the
player refused to receive the salary and was always informing us that the salary was
low and that he wanted an increase in it, and this is in violation of the text of the
contract.”
-
The Player was negotiating with another Iraqi club without the Club’s consent and
that the Player violated the protected period as he is prohibited from negotiating
with other Clubs.
-
It requested the Player’s legal representative about the reason of the “player’s
strange behaviour”.
-
The Player went to the Mauritanian embassy; however the Club informed the
Player that he had to abide the terms of the contract but he refused.
-
“it turned out that the Mauritanian player was planning to escape from Iraq without
the approval of the club management, as he had secretly booked a travel ticket on
1/19/2023”.
-
It “has always been in full coordination with the lraqi Football Association regarding
this issue, and AI-Qassim Club has deposited the player's salaries as a deposit with
the lraqi Football Association as proof of its good faith.”
41. The Club requested the following:
“First- The claim of the Mauritanian player SELEIMANE SOULEIMANE was completely
rejected because he presented it in a way that contradicted the truth and because it
was a clear slander against AI-Qasim Sports Club.
Secondly - Obliging the Mauritanian player SELEIMANE SOULEIMANE to pay the value
of the travel tickets, the value of the hotel accommodation allowance and the medical
examination since he joined our club, in the amount of seven thousand US dollars,
because he broke the contract unilaterally and far an unfair reason.
Third: Imposing a disciplinary and punitive penalty against the Mauritanian player
SELEIMANE SOULEIMANE for violating the terms of the contract unilaterally and
escaping from Iraq unilaterally and without the club's approval, preventing him from
being granted an international card and preventing him from playing for any other
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REF. FPSD-14202
club; to preserve the rule of fair play that must be applied in personal behavior before
Stadium arenas.
Fourth: The player's demand for an amount of sixty thousand US dollars, in exchange
for compensation far the damage and material and moral damage that befell AIQassim Club In front of its fans and in front of the sponsoring companies, and the
impact of this on the club's television broadcast rights.
Fifth: AI-Oassim Club reserves the right to file a complaint and request compensation
for damage against any club proven to have negotiated with the player during his
playing period with AI-Qassim Club.
Below is a financial report on the financial relationship between the club and
Mauritanian player SELEIMANE SOULEIMANE
First: The contract period is ten months, starting on 10-1-2023 and ending on 7-12024.
Second: The currency used in the contract is the US dollar
Third: The player's monthly salary is three thousand US dollars
Fourth: Both contractors left setting a date for the delivery of salaries due to the club's
financial
circumstances, meaning that the club has the authority to deliver salaries to the
players within a period of thirty days (provided that two months do not overlap with
each other). AI-Qassim Sports Club was fully committed to these dates, meaning that
the club is fully committed to FIFA regulations. about this”
42. The Club provided various documents including WhatsApp communications, different
letters addressed by the Club with different amounts requested from the amount
requested in its claim, and letters addressed the IFA.
pg. 10
REF. FPSD-14202
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
43. 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 26 March 2024 and submitted for decision on
22 August 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.
44. 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 a Mauritanian
player and an Iraqi club.
45. 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 26 March 2024, the February 2024 edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
46. 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
47. 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.
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REF. FPSD-14202
i. Main legal discussion and considerations
48. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties strongly dispute the validity of the
Claimant’s early termination of the contract, based on the alleged non-payment of certain
financial obligations by the Respondent as per the contract, in accordance with art. 14bis
of the Regulations.
49. In this context, the Chamber acknowledged that its task was to determine, based on the
evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the formal pre-requisites of art. 14bis of the
Regulations had in fact been fulfilled.
50. The Chamber then referred to the wording of art. 14bis par. 1 of the Regulations, in
accordance with which, if a club unlawfully fails to pay a player at least two monthly salaries
on their due dates, the player will be deemed to have a just cause to terminate his contract,
provided that he has put the debtor club in default in writing and has granted a deadline
of at least 15 days for the debtor club to fully comply with its financial obligation(s).
51. The Chamber noted that the Claimant claims not having received his remuneration
corresponding to October 2023, November 2023 and December 2023. Furthermore, the
Chamber noted that the Claimant has provided written evidence of having put the
Respondent in default on 2 January 2024, i.e., at least 15 days before unilaterally
terminating the contract on 21 January 2024.
52. The Chamber also noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, no evidence was provided.
53. Moreover, the Chamber recalled the Respondent’s arguments. In doing so, the Chamber
recalled that the Respondent referred to a WhatsApp communication between the Player
and the Club’s president arguing that the Player was negotiating with third clubs, however,
the Chamber concluded that such an allegation could not be derived from the WhatsApp
communication provided. Furthermore, the Chamber also recalled that the Respondent
was of the opinion that the Player had left the country of the Club without authorization.
However, the Chamber recalled that the Player left the country after the contract was
terminated, and, therefore, the Chamber concluded that such authorization was no longer
required.
54. In view of all the above, the Chamber concluded that the Claimant had just cause to
unilaterally terminate the contract, based on art. 14bis of the Regulations.
pg. 12
REF. FPSD-14202
ii. Consequences
55. Having stated the above, the members of the Chamber turned their attention to the
question of the consequences of such unjustified breach of contract committed by the
Respondent.
56. The Chamber observed that the outstanding remuneration at the time of termination,
coupled with the specific requests for relief of the Player, are equivalent to 4 salaries under
the contract, amounting to USD 12,000.
57. Equally, with respect to the Player’s request regarding the reimbursement of the flight
tickets, the Chamber observed that (i) the Claimant’s request was contractually based; (ii)
the Claimant provided evidence of ticket in the amount of TND 6,745. Consequently, the
Chamber concluded that the Claimant is also entitled to that amount.
58. 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 amounts
which were outstanding under the contract at the moment of the termination, i.e., USD
12,000 and TND 6,745.
59. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the Claimant interest at the rate
of 5% p.a. on the outstanding amounts as follows:
-
On the amount of USD 3,000 as from 1 November 2023 until the date of effective
payment.
-
On the amount of USD 3,000 as from 1 December 2023 until the date of effective
payment.
-
On the amount of USD 3,000 as from 1 January 2024 until the date of effective
payment.
-
On the amount of 6,745 as from 21 January 2024 until the date of effective
payment.
-
On the amount of USD 3,000 as from 1 February 2024 until the date of effective
payment.
60. 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
pg. 13
REF. FPSD-14202
country concerned, the specificity of sport 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.
61. In application of the relevant provision, the Chamber held that it first of all had to clarify as
to 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. In this regard, the Chamber
established that no such compensation clause was included in the employment contract at
the basis of the matter at stake.
62. As a consequence, the members of the Chamber 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. The Chamber recalled that
said provision provides for a non-exhaustive enumeration of criteria to be taken into
consideration when calculating the amount of compensation payable.
63. 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 15,000 (i.e. 5 times USD 3,000) serves as the basis for
the determination of the amount of compensation for breach of contract.
64. 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 the Player’s general obligation to
mitigate his damages.
65. In this respect, the Chamber noted that the Player remained unemployed since the
unilateral termination of the contract.
66. The Chamber referred to art. 17 par. 1 lit. ii) of the Regulations, according to which, in case
the Player did not sign any new contract following the termination of his previous contract,
as a general rule, the compensation shall be equal to the residual value of the contract that
was prematurely terminated.
67. In this respect, the Chamber decided to award the Player compensation for breach of
contract in the amount of USD 15,000 as the residual value of the contract.
pg. 14
REF. FPSD-14202
68. Lastly, taking into consideration the Player’s request as well as the constant practice of the
Chamber in this regard, the latter decided to award the Player interest on said
compensation at the rate of 5% p.a. as of 21 January 2024 until the date of effective
payment.
iii. Sanction under art. 17 of the Regulations
69. In continuation, the Chamber focused on the further consequences of the breach of
contract in question and, in this respect, it addressed the question of sporting sanctions
against the Club in accordance with art. 17 par. 4 of the Regulations. The cited provision
stipulates that, in addition to the obligation to pay compensation, sporting sanctions shall
be imposed on any club found to be in breach of contract during the protected period.
70. In this respect, the Chamber referred to item 7 of the “Definitions” section of the
Regulations, which stipulates inter alia that the protected period shall last “for three entire
seasons or three years, whichever comes first, following the entry into force of a contract, where
such contract is concluded prior to the 28th birthday of the professional, or two entire seasons
or two years, whichever comes first, following the entry into force of a contract, where such
contract is concluded after the 28th birthday of the professional”.
71. Furthermore, the Chamber took note that the Player was born on 27 December 1999 and
the relevant contract with the club was valid as of 1 October 2023. Furthermore, the
Chamber noted that the Club terminated the contract without just cause on 21 January
2024. The breach of contract by the club had therefore occurred within the protected
period.
72. At the same time, the DRC recalled that the Club terminated the contract without just
cause. As such, and by virtue of art. 17 par. 4 of the Regulations, the Chamber decided that
the Respondent shall be banned from registering any new players, either nationally or
internationally, for the two next entire and consecutive registration periods following the
notification of the present decision.
73. In this respect, the Chamber wished to emphasize that the behaviour adopted by the club
of (i) impeding him to leave the country, (ii) not supporting him in order to leave the country
as per the communications between 22 January 2024 and 23 January 2024, in addition to
the fact that the Player had to request the support of the embassy of his country, sets an
unacceptable and concerning precedent. This action not only disregards the Player's rights
but also undermines the very essence of fair and ethical contractual agreements, and it
also constitutes a blatant disregard to the Regulations. The DRC was of the unanimous
opinion that such disregard and neglect by a club towards its players has no place in
professional football and shall be penalised accordingly.
74. On this note, the DRC remarked that the wording of the Regulations allows it a significant
degree of discretion to apply sporting sanctions on every case where the conditions of art.
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REF. FPSD-14202
17 par. 4 of the Regulations are met, that is, even if the Respondent is not deemed as a
repeated offender, which is only one of many factors taken into account by the DRC when
deciding whether to impose sporting sanctions on a club – a discretionary power the
Chamber is prepared to use given the serious circumstances of the matter at hand.
75. Indeed, the DRC wished to underline that, as confirmed by the CAS on various occasions
(e.g. CAS 2014/A/3754 and CAS 2017/A/5056, 5069), the DRC’s policy to not impose sporting
sanctions in every single case where it has the power to do so, does not mean that it cannot
impose them in other situations where the prerequisites of art. 17 par. 4 of the Regulations
are fulfilled and the circumstances so warrant, such as in casu. Said rule is sufficiently clear
to fully respect the principles of legality and predictability, which require that the
connection between the incriminated behaviour and the sanction must be clearly and
previously defined by law. Put differently, players and clubs must be aware – and are
indeed put in a position to be aware – that to breach a contract within the protected period
may lead to sporting sanctions being imposed by the DRC, especially when the relevant
breach is so blatant and unjustified as in the matter at hand.
76. For the sake of completeness, the Chamber recalled that in accordance with article 24 par.
3 lit. a) of the Regulations, the consequences for failure to pay relevant amounts in due
time may be excluded where the Football Tribunal has imposed a sporting sanction on the
basis of article 17 in the same case. Consequently, the Chamber confirmed that the
consequences for failure to pay relevant amounts in due time envisaged by art. 24 of the
Regulations were excluded in the present matter, and that should the Respondent fail to
timely comply with this decision, it would be for the FIFA Disciplinary Committee to adopt
the necessary measures in accordance with the FIFA Disciplinary Code.
d. Costs
77. 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.
78. 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.
79. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 16
REF. FPSD-14202
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Sleimane Souleimane, is partially accepted.
2.
The Respondent, Al Qasim, must pay to the Claimant the following amounts:
- USD 3,000 as outstanding remuneration plus 5% interest p.a. as from 1 November 2023
until the date of effective payment;
- USD 3,000 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 1 January 2024
until the date of effective payment;
- TND 6,745 as outstanding remuneration plus 5% interest p.a. as from 21 January
2024until the date of effective payment;
- USD 3,000 as outstanding remuneration plus 5% interest p.a. as from 1 February 2024
until the date of effective payment;
- USD 15,000 as compensation for breach of contract without just cause plus 5%
interest p.a. as from 21 January 2024 until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
5.
The Respondent shall be banned from registering any new players, either nationally
or internationally, for the two next entire and consecutive registration periods
following the notification of the present decision.
6.
If full payment is not made within 30 days of notification of this decision, the present matter
shall be submitted, upon request of the Claimant, to the FIFA Disciplinary Committee
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 17
REF. FPSD-14202
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
FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
pg. 18