Labour Disputes
Texto da decisão
REF. FPSD-15770
Decision of the
Dispute Resolution Chamber
passed on 3 December 2024
regarding an employment-related dispute concerning the Player Yaya Zoua
COMPOSITION:
Frans DE WEGER (The Netherlands), Chairperson
Tomislav KASALO (Croatia), Member
Dana MOHAMED AL-NOAIMI (Qatar), Member
CLAIMANT:
Yaya Zoua, Cameroon
Represented by FIFPro Division Africa
RESPONDENT:
Lynx FC, Gibraltar
pg. 2
REF. FPSD-15770
I. Facts of the case
1.
On 14 May 2023, the Cameroonian player Yaya Zoua (hereinafter: the Claimant or Player)
and the club Lynx Football Club affiliated to the Gibraltarian Football Association (GFA)
(hereinafter: Respondent or Club) concluded an employment contract (hereinafter: the
Contract) valid as from 1 August 2023 until the end of the 2023/2024 football season.
2.
In accordance with the information in the Transfer Matching System (TMS), the 2023/2024
men’s football season in Gibraltar concluded on 31 May 2024.
3.
In accordance with the Contract, the Respondent undertook to pay to the Claimant inter
alia the following remuneration:
“10.1 The Club will pay 900 Euros (Net) per calendar month. The salary will be paid in arrears,
at the beginning of every month, commencing 01 September 2023.
10.2 The Club will pay a bonus of 1,000 Euros (Net) if the Club qualifies for the UEFA
Champions League or Europa League competition within the season.
10.3 Accommodation will be provided.”
4.
The Contract further provided as follows:
“5. TERMINATION
5.1 This Agreement can only be terminated under the following circumstances:
i. By mutual written consent between Club and Player.
ii. By the Club if the Player arrives and is in breach of Clause 1v and 1xiii.’
iii. By the Club, if the Player is guilty of gross misconduct in accordance with the respective
Club Rules.
iv.
By the Player if, by the opening of the second transfer window of the season, he has
appeared in less than 10% of the Official Matches in which the Club has been involved, by
choice of the Club.
v.
For the purposes of 5iv. above, a Player will be deemed to have appeared in an Official
Match if he has played for more than 20 minutes in that particular match.
vi. By the successful transfer of the Player to another Club during the GFA Transfer Window,
in accordance with the GFA League Rules on Professional Player Transfers.
vii. By the successful sale of the Player to another club, subject to Clause 4.2.
viii. If the Club fails to secure a place in the Championship Group (Gibraltar National League)
at the mid-point of the season (generally December), the Player or Club may mutually
terminate the Contract in accordance with Clause 5.1i above.”
pg. 3
REF. FPSD-15770
5.
On 9 December 2023, the Club sent a letter to the Player stating the following:
“Dear Zoua,
PLAYER RELEASE FROM LYNX FOOTBALL CLUB
Following your discussion with the Managing Director, we have mutually terminated our
agreement with you in accordance with your current Player Contract Agreement. The release will
be with effect from Sunday 31 December, after which your agreement with the Club will end.
Your salary will be maintained until this date.
On behalf of the Club, I would like to personally thank you for your application, effort, and
support since joining the Lynx family earlier this year, and we wish you all the very best in your
chosen future football career.
If you have not already done so, you are kindly requested to return all Lynx clothing issued by
the Club, to Mr Jeky Buhagiar before your departure.”
6.
On 1 January 2024, the Club paid the Player EUR 800.
7.
The Player informed the FIFA general secretariat that he concluded an agreement with ACS
Vointa Limepzis affiliated to the Romanian Football Federation (FRF) following the
termination of the Contract.
8.
According to the information contained in the TMS, the Player transferred to CSO Turceni
as an amateur on 26 February 2024, with no compensation and no employment agreement
reported. No subsequent employment history was reported for the Player in the TMS.
9.
The FRF confirmed that the Player was registered as an amateur with CSO Turceni and
confirmed that he was registered with ACS Vointa Limpezis as from 30 August 2024, i.e.,
after the conclusion of the present Contract
II. Proceedings before FIFA
10. On 27 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
11. According to the Claimant, the Respondent terminated the Contract without just cause,
effective 31 December 2023.
pg. 4
REF. FPSD-15770
12. The Claimant claimed that, although the termination letter, titled “Player Release from [the
Club]”, stated that the parties terminated the relationship by mutual agreement, no such
agreement was concluded.
13. The Claimant submitted that he was entitled to EUR 100 in outstanding remuneration for
the month of December 2023, as well as compensation for breach of contract in the
amount of EUR 4,500, representing five months’ salaries at the monthly rate of EUR 900.
14. The request for relief of the Claimant was as follows:
“The Player is requesting the FIFA DRC to determine that the Club terminated the employment
relationship without just cause on 9 December 2023 and to order the Club to pay him the
following amounts:
- EUR 100 as outstanding salaries + 5% interest as from 1 January 2024 until the date of
effective payment.
-
EUR 4,500 as the amount due as compensation for breach of contract + 5% interest as from
9 December 2023 until the date of effective payment.
In addition, the Player is requesting the FIFA DRC to impose sporting sanctions on the Club for
breach of contract, for the latter’s breach of contract within the protected period.”
b. Position of the Respondent
15. In its reply, the Respondent rejected the Claimant’s position and argued that it in fact had
just cause to terminate the Contract.
16. The Respondent claimed that the Claimant had previously violated the Contract by failing
to secure the necessary documents (e.g., visa) to attend the Club’s training sessions in
Spain. The Club stated that it nonetheless worked with the Player and authorities to correct
the issue.
17. The Club went on to argue that the Claimant arrived at the Club in poor physical shape,
appearing unfit. The Club claims such poor physical condition led the Player to sustain an
injury and being unable to perform his contractual obligations between August 2023 until
December 2023. The Club presented the following physical therapist note in support:
“INFORME DE FISIOTERAPIA
pg. 5
REF. FPSD-15770
D. Yaya Zouza se estuvo en nuestro centro durante el periodo del tiempo comprendido entre
Agosto de 2023 y Diciembre de 2023 en numerosas ocasiones. Como resultado de su evaluación
preliminar, se considero que D. Yaya Zouza no estaba fisicamente apto y, como resultado, sufrió
lesiones.”
Free translation to English:
“Mr. Yaya Zouza was in our center during the period of time between August 2023 and December
2023 on numerous occasions. As a result of his preliminary evaluation, Mr. Yaya Zouza was
deemed to be physically unfit and, as a result, sustained injuries.”
18. The Club stated that consequently, the parties mutually agreed to part ways during a
meeting between the Claimant and the Club’s Managing Director. In support, the
Respondent provided which was signed by the Club’s Managing Director, as well as a “Proof
of Contract End Date” which stated the following and was signed by the Club President:
“This is to confirm that the Employment Contract between Lynx Football Club and Zoua Yaya
was terminated by mutual consent on 31 December 2023.”
19. Furthermore, the Club argued that the Player should have utilised the Contract’s disputes
procedure and that the Player’s failure to do so constituted an additional contractual
violation causing both sides to incur unnecessary costs.
20. The Club did not articulate any request for relief.
pg. 6
REF. FPSD-15770
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
21. 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 27 August 2024 and submitted for decision
on 03 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.
22. 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 (October 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 Cameroonian
player and a club affiliated to the Gibraltarian Football Association.
23. 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 (October 2024 edition), and
considering that the present claim was lodged on 27 August 2024, the Chamber considered
that 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
24. 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
25. 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. 7
REF. FPSD-15770
i. Main legal discussion and considerations
26. The Chamber then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute whether the Respondent had just cause to terminate the
contract.
27. Preliminarily, the Chamber observed that the Respondent did not deny that a valid
contractual relationship existed wherein the Club undertook to pay the Claimant EUR 900
per month.
28. Furthermore, the Chamber noted that the Respondent did not deny that it failed to pay the
EUR 100 that were cited as outstanding remuneration by the Claimant.
29. The Chamber therefore determined that EUR 100 should be awarded in accordance with
the principle of pacta sunt servanda.
30. Next, the Chamber recalled that the Respondent did not dispute that a termination of the
Contract took place but claimed that (1) the termination was undertaken by mutual
agreement, and (2) the mutual termination followed the Player’s contractual violations
which provided the Club with just cause to terminate the Contract.
31. In this context, the Chamber acknowledged that its task was to determine whether the
Respondent terminated the Contract unilaterally and without just cause on 9 December
2023, as claimed by the Claimant, and consequently, whether the Respondent owed
compensation to the Claimant for the said termination.
32. The Chamber noted that the evidence submitted included letters with the Club’s signature
and on Club letterhead stating the relationship was mutually terminated; however, none
of these pieces of evidence bore the Claimant’s signature. Furthermore, the Chamber
recalled that the Claimant denied that the termination was mutually agreed upon. In this
context, the Chamber observed that the Respondent did not submit any evidence to
demonstrate that there was a mutual agreement between the parties.
33. On account of the above, the Chamber considered that there was no mutual agreement to
terminate the contract.
34. The Chamber remarked at this point that that the Claimant had stated that the Contract
was terminated on 9 December 2023 based on the date that the termination letter was
written. The foregoing notwithstanding, the Chamber observed that the letter specified “the
release will be with effect from Sunday 31 December, after which [Player’s] agreement with the
Club will end.” The Chamber concluded that the Respondent terminated the Contract
unilaterally on 31 December 2023.
pg. 8
REF. FPSD-15770
35. Next, the Chamber turned to the Respondent’s next argument, namely that it had just
cause to terminate the Contract due to the Claimant’s breaches of (1) being physically unfit
when reporting to the Club, (2) failing to secure the necessary documentation to travel to
Spain for training, and (3) failing to utilise the dispute resolution procedure set forth in the
Contract for the present claim.
36. With respect to the fitness and the visa/documentation of the Player, the Chamber recalled
the well-established jurisprudence which was also addressed in the FIFA Commentary to
the RSTP, providing that a Club must “ensure that certain administrative formalities are
completed before a contract is signed with a player” (Commentary to the RSTP – Edition 2023,
art. 18 par. 4, Section D at p. 235).
37. Analysing the reasons provided by the Club individually, the Chamber found:
(1) Regarding medical examinations to determine whether the Player was fit and healthy,
since the Club failed to conduct such tests before signing a contract, the Commentary
provided that “it does so at its own risk” (see id.).
(2) With respect to the Player’s visa and documentation during the Club’s practices held in
Spain, it was the Club’s responsibility to secure the necessary work permits and visas in
order to ensure the Player could perform his obligations under the Contract. In any
event, by its own admission, the Chamber highlighted that the Club did not terminate
the Contract when the issues of documentation were presented, and they were
resolved by the time the termination took place, which appeared to be several months
later.
(3) Finally, the Chamber noted that the Club alleged that the Player violated the Contract
by failing to observe the relevant disputes procedure when he filed the present claim
which was several months after the termination took place. Therefore, the Chamber
determined that this action could not now be taken as a reason to support the alleged
just cause for said termination.
38. The Chamber thus found that the Club had failed to demonstrate a just cause to
prematurely terminate the Contract in December 2023, and therefore, that the Club had
terminated the Contract without just cause and should be liable for the consequences.
ii.
Consequences
39. Having stated the above, the Chamber turned its attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
pg. 9
REF. FPSD-15770
40. First, as already stated above, the Chamber found that the Club should be liable for the
remuneration outstanding at the time of the termination i.e., the EUR 100. The Chamber
took note that the Claimant requested 5% interest be awarded as from 1 January 2024 for
the outstanding remuneration of EUR 100 which the Chamber decided to award as
requested, in line with the consistent practice of the Football Tribunal.
41. Second, in line with art. 17 of the Regulations, the Chamber turned to the relevant
compensation payable to the Player for breach of contract without just cause by the Club:
The Contract (and the TMS information) supported that the Contract ended 31 May 2024
with the end of the Gibraltar men’s professional football season. Based on the termination
date of 31 December 2023, there remained, as reported by the Claimant, five months from
the Contract term. Thus, the Chamber determined that the residual value of the Contract
equalled EUR 4,500.
42. The Chamber further noted that the Player did not manage to mitigate his compensation
and that therefore, no mitigation or additional compensation should apply.
43. The Chamber concluded that the Claimant should be awarded compensation in the
amount of EUR 4,500.
44. Next, the Chamber noted that the Claimant requested 5% interest on the compensation as
from 9 December 2023. The Chamber recalled that the termination was effective 31
December 2023, and therefore that the interest should accrue on the latter date instead.
45. Finally, the Chamber took note that the Claimant requested sporting sanctions to be
imposed on the Respondent. Because the Respondent has not reached the threshold of
offenses under art. 17 in the past two years, the Chamber concluded that no sanctions
should be imposed at this time.
iii.
Compliance with monetary decisions
46. 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.
47. 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.
pg. 10
REF. FPSD-15770
48. 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.
49. 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.
50. 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
51. 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.
52. 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.
53. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
pg. 11
REF. FPSD-15770
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Yaya Zoua, is partially accepted.
2.
The Respondent, Lynx FC, must pay to the Claimant the following amount(s):
- EUR 100 as outstanding remuneration plus 5% interest p.a. as from 1 January 2024 until
the date of effective payment;
- EUR 4,500 as compensation for breach of contract plus 5% interest p.a. as from 31
December 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.
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.
7.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
pg. 12
REF. FPSD-15770
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. 13