Labour Disputes
Texto da decisão
REF. FPSD-8249
Decision of the
Dispute Resolution Chamber
passed on 12 April 2023
regarding an employment-related dispute concerning
the player Moutari Amadou Tidjani
BY:
Clifford J. Hendel (USA), Deputy Chairperson
Sihon Gauci (Malta), member
Andre Dos Santos Megale (Brazil), member
CLAIMANT:
Moutari Amadou Tidjani, Nigeria
Represented by Joachim Rain
RESPONDENT:
Al Fayha Club, Saudi Arabia
Represented by R&A Sports Law Firm
pg. 2
REF. FPSD-8249
I. Facts of the case
1.
On 30 August 2021, the Nigerian player Moutari Amadou Tidjani (hereinafter: the player OR
the Claimant) and the Saudi club Al Fayha (hereinafter: the club or the Respondent) signed an
employment contract with a term from 30 August 2021 until 29 June 2023.
2.
On 22 August 2022, the parties agreed on the mutual termination of the employment
contract and signed a settlement agreement (hereinafter: the settlement agreement).
3.
According to the settlement agreement, the club undertook to pay the player a total of USD
300,000, payable in three equal instalments of USD 100,000, with due date respectively on
31 August 2022, 30 September 2022 and 31 October 2022.
4.
By correspondence dated 13 September 2022, the player put the club in default of payment
of USD 100,000 corresponding to the first instalment under the settlement agreement and
granted a deadline expiring on 24 September 2022 in order to remedy the default.
5.
On 10 October 2022, the player sent a reminder to the club regarding the first outstanding
instalment and contextually requested the payment of the second instalment by no later
than 24 October 2022.
6.
On 31 October 2022 the player put the club in default of all the three instalments stipulated
under the settlement agreement and granted a time limit expiring on 15 November 2022.
7.
On 17 November 2022, the player filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
8.
According to the player, the club failed to comply with its financial obligations under the
settlement agreement.
9.
In this respect, the player argued that the club ignored all the default notices sent to it
between September and October 2022.
10. The requests for relief of the Claimant, therefore, were the following:
“USD 300.000, plus 5% of USD 100.000 as of 01.09.2022, plus 5% of further USD 100.000 as of
01.10.2022, plus 5% of further USD 100.000 as of 01.1.2022”.
11. In its reply to the claim, the club simply acknowledged the existence of the outstanding
remuneration claimed by the player and limited its request to be granted a further grace
period in order to comply with its financial obligations.
pg. 3
REF. FPSD-8249
II. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
12. First of all, the Dispute Resolution Chamber (hereinafter also referred to as 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 17 November 2022 and
submitted for decision on 12 April 2023. 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.
13. Subsequently, the members of 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 lit. b) of the
Regulations on the Status and Transfer of Players (March 2022 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a player from
Nigeria and a club from Saudi Arabia.
14. 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 (March 2023 edition), and
considering that the present claim was lodged on 17 November 2022, the October 2022
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
b. Burden of proof
15. 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
16. Its competence and the applicable regulations having been established, 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 the assessment of the matter at hand.
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REF. FPSD-8249
i. Main legal discussion and considerations
17. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that the parties did not dispute the existence of
outstanding remuneration in favour of the player.
18. In particular, the Chamber noted that the club itself admitted having failed to pay all the
three instalments stipulated under the settlement agreement dated 22 August 2022.
19. In view of the foregoing and bearing in mind the basic legal principle of pact sunt servanda,
which in essence means that agreements must be respected by the parties in good faith,
the Chamber acknowledged that the club is held liable to pay the player the outstanding
sums deriving from the settlement agreement concluded between the parties, namely the
three instalments amounting to USD 100,000 each.
20. In addition, 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 at the rate of
5% p.a. on the outstanding amounts as from the respective due dates until the date of
effective payment.
ii. Compliance with monetary decisions
21. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24 par.
1 and 2 of the Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
22. In this regard, the DRC highlighted that, against clubs, the consequence of the failure to
pay the relevant amounts in due time shall consist of a ban from registering any new
players, either nationally or internationally, up until the due amounts are paid. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
23. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum duration
of three entire and consecutive registration periods shall become immediately effective on
the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
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REF. FPSD-8249
24. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is attached
to the present decision.
25. The DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24 par. 8 of
the Regulations.
d. Costs
26. 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.
27. 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.
28. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 6
REF. FPSD-8249
III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Moutari Amadou Tidjani, is accepted.
2.
The Respondent, Al Fayha Club, must pay to the Claimant the following amount(s):
USD 300,000 as outstanding remuneration plus interest p.a. as follows:
- 5% interest p.a. over the amount USD 100,000 of as from 1 September 2022 until
the date of effective payment;
- 5% interest p.a. over the amount USD 100,000 of as from 1 October 2022 until the
date of effective payment;
- 5% interest p.a. over the amount USD 100,000 of as from 1 November 2022 until
the date of effective payment;
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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.
5.
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.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-8249
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
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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