Labour Disputes
Texto da decisão
REF. FPSD-16899
Decision of the
Dispute Resolution Chamber
passed on 27 January 2025
regarding an employment-related dispute concerning the player
Richard Agbalegah Zumah
BY:
Angela COLLINS (Australia)
CLAIMANT:
Richard Agbalegah Zumah, Ghana
Represented by Heritage Soccer Agency
RESPONDENT:
DHJ (Difaa Hassani El Jadidi), Morocco
pg. 2
REF. FPSD-16899
I. Facts of the case
1.
On 11 July 2023, the Ghanaian player Richard Agbalegah Zumah (hereinafter: the Claimant,
the Player or the Second Party) and the Moroccan club DHJ (Difaa Hassani El Jadidi)
(hereinafter: the Respondent, the Club or the First Party) concluded an employment contract
(hereinafter: the Contract) valid as from 15 July 2023 until 30 June 2026.
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant as
follows:
“The sports society DHJF undertakes to pay the player a monthly remuneration as well as any
bonuses and benefits in kind as defined below:
Sports season 2023/2024:
Salary: the equivalent in MAD of 2.000 dollars
Signing bonus: the equivalent in MAD of 30,000 dollars payable as follows:
the equivalent in MAD of 10,000 dollars after the receipt of the CIT and the qualification of
the said player by the FRMF with the DHJF
the equivalent in MAD of 10.000 dollars as of 12/30/2023
the equivalent in MAD of 10.000 dollars as of 04/30/2024
Sports season 2024/2025
Salary: the equivalent in MAD of 2.000 dollars
Performance bonus of the equivalent in MAD of $50,000 payable as follows:
the equivalent in MAD of 15 ,000 dollars as of 10/30/2024
the equivalent in MAD of 15 ,000 dollars as of 01/30/2025
the equivalent in MAD of 20.000 dollars as of 04/30/2025
Sports season 2025/2026
Salary: the equivalent in MAD of 2.000 dollars
Performance bonus of the equivalent in MAD of $60,000 payable as follows:
the equivalent in MAD of 20 ,000 dollars as of 10/30/2025
the equivalent in MAD of 20 ,000 dollars as of 01/30/2026
the equivalent in MAD of 20.000 dollars as of 04/30/2026
Goal Bonus:
For the 2023/2024 sports season, in the event of a promotion to the 1st division, the player
will receive a promotion bonus of the equivalent in MAD of 10,000 dollars.
A match bonus the amount is set by the bonus scale established by the DHJF company.
Accommodation at the height of the authorized ceiling will be made available to the player
by the company DHJF with water and electricity at the player’s expense.
pg. 3
REF. FPSD-16899
In the event of a later transfer of the player from the DHJF to another club before the end of
the expiry date of the contract concluded between the DHJF and the player and his manager
will receive a share equivalent to 5% of the transfer amount.”
3.
On 3 July 2024, the Claimant and the Respondent concluded an agreement to terminate
the Contract (hereinafter: the Termination Agreement).
4.
The Termination Agreement read as follows:
English version
“[…] The first party agreed to pay the outstanding amount of 20000$ (twenty thousand United
States dollars) representing severance benefits (salaries, all primes) that the first party owe the
second party in 3 instalments.
• 8000$ before the second party signs this agreement.
• 6000$ 30/07/2024
• 6000$ 30/08/2024 […]”
French version
“[…] The Club has agreed to pay the outstanding amount of 20,000 dirhams (twenty thousand
dirhams) representing the termination indemnities (wages, all bonuses) that the player owes the
club in 3 instalments.
- MAD 80,000 (eighty thousand dirhams) before the player signed this termination agreement.
- MAD 60,000 (sixty thousand dirhams) on 30/07/2024
- MAD 60,000 (sixty thousand dirhams) on 30/08/2024 […] ”
(Freely translated from French)
II. Proceedings before FIFA
5.
On 4 November 2024, the Claimant filed the claim at hand before FIFA. A summary of the
parties’ position is detailed below.
a. Position of the Claimant
6.
In his claim, the Player noted that only the first instalment of the Termination Agreement
in the amount of USD 8,000 was paid by the Club. Despite the fact that the Player
acknowledged having received the first instalment of the Termination Agreement, he
requested payment of the full value of the Termination Agreement, i.e. USD 20,000, as well
as USD 25,000 as additional compensation.
pg. 4
REF. FPSD-16899
7.
In addition, the Player argued that he is entitled to additional compensation as the Contract
was terminated because of his injury in his right knee.
b. Position of the Respondent
8.
In its reply, the Club argued that it had encountered financial difficulties, but that it had
nevertheless paid the Player USD 6,000 on 23 August 2024 and USD 6,000 on 5 November
2024 in accordance with the Termination Agreement.
c. Reaction of the Claimant to the alleged payments
9.
The Claimant argued that even if the Club had allegedly proceeded with the said payments,
it had done so to a Bank account in Morrocco, despite having provided it with the details
of a bank account in Ghana. In this regard, the Claimant noted that he does no longer have
a visa to enter Morocco to withdraw money from the bank account and that his bank in
Morocco does not authorize international transactions.
10. Considering the foregoing, the Claimant noted that he is still entitled to outstanding
remuneration pursuant to the Termination Agreement.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter: the Single
Judge) analysed whether she was competent to deal with the case at hand. In this respect,
she took note that the present matter was presented to FIFA on 4 November 2024 and
submitted for decision on 30 January 2025. Taking into account the wording of art. 34 of
the January 2025 edition of the Procedural Rules Governing the Football Tribunal
(hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
12. Furthermore, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed
that in accordance with art. 23 par. 1 in combination with art. 22 par. 1 lit. b) of the
Regulations on the Status and Transfer of Players (January 2025 edition), the Dispute
Resolution Chamber is competent to deal with the matter at stake, which concerns an
employment-related dispute with an international dimension between a Ghanaian player
and a Moroccan club.
13. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 29 of
the Regulations on the Status and Transfer of Players, the January 2025 edition of said
pg. 5
REF. FPSD-16899
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b. Burden of proof
14. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which she 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
15. Having established the competence and the applicable regulations, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations she will refer only to the facts, arguments and documentary evidence,
which she considered pertinent for assessing the matter at hand.
i. Main legal discussion and considerations
16. The Single Judge then moved to the substance of the matter, and took note of the fact that
the parties strongly dispute the payment of certain financial obligations by the Respondent
as per the Termination Agreement, namely the second and third instalments amounting to
USD 12,000.
17. In this context, the Single Judge acknowledged that her 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 latter had a valid justification for not
having complied with its financial obligations.
18. The Single Judge first noted that, in the case at hand, the Respondent bore the burden of
proving that it indeed complied with the financial terms of the Termination Agreement
concluded between the parties.
19. Nonetheless, the Single Judge noted that the evidence provided by the Respondent, namely
the two bank transfer orders dated 23 August 2024 and 5 November 2024, do not prove
the payment of the amounts claimed as outstanding by the Claimant. In particular, the
Single Judge determined that it was not possible to establish, based on the evidence on file,
whether these bank transfer orders drafted by the Club were actually sent to the bank for
the purpose of transferring the said amounts to the Player.
pg. 6
REF. FPSD-16899
20. 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 Respondent is held liable to pay the Claimant the outstanding amounts deriving from
the Termination Agreement concluded between the parties, i.e. the second and third
instalments.
21. Consequently, taking into consideration the Claimant’s request, the Single Judge decided
to award the Claimant USD 12,000.
ii. Compliance with monetary decisions
22. Finally, taking into account the applicable Regulations, the Single Judge 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.
23. In this regard, the Single Judge 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.
24. Therefore, bearing in mind the above, the Single Judge 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.
25. The Single Judge 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.
26. The Single Judge 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
27. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football agent,
pg. 7
REF. FPSD-16899
or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be
imposed on the parties.
28. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
29. Lastly, the Single Judge concluded her deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 8
REF. FPSD-16899
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Richard Agbalegah Zumah, is partially accepted.
2.
The Respondent, DHJ (Difaa Hassani El Jadidi), must pay to the Claimant the following
amount:
- USD 12,000 as outstanding remuneration.
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
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REF. FPSD-16899
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. 10