FORMER Caps United coach Tostao Kwashi has dragged the club to Fifa in a bid to recover unpaid salaries and bonuses accumulated during his time at the team.
He also wants the club to be punished by the world football governing body for damages and pay legal fees for his case.
Kwashi had two stints as an assistant coach to Lloyd Chitembwe, between 2015 to 2019 and from 2021 to 2023.
He left the club at the end of last season to join Chicken Inn in the same role.
Kwashi, who is son to the late former Caps United coach Steve Kwashi, claims that the club owes him US$46 000, in outstanding salaries, bonuses, allowances, petrol and sign on fees.
The former Caps United forward wants; “Payment of the amount of US$46 000 being the arrear salaries and bonuses, matchday allowances, petrol, unpaid salary balances and sign-on fees for the two periods ranging from (2015-2019) and from (2021-2023). Compensation for financial losses and damage to reputation. Disciplinary action against the respondent, including fines and penalties. Legal costs and interest at the prevailing rate from date of claim to date of payment.”
His legal team, Sande Practice, admitted that Kwashi does not have a written contract with the club, but he signed one and returned it to the club. They, however, argue that Kwashi has a verbal contract with the club.
“The claimant submits that a written contract was signed by the parties, but due to the claimant’s naivety, he was asked to surrender his copy for safekeeping by the administrator and he duly complied. In the absence of a copy of the written contract, the agreement between the parties becomes verbal. Overwhelming evidence substantiates the claimant’s agreement and duties as assistant coach. A verbal contract is still a valid contract as it is backed by evidence,” his lawyers argue.
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They went on to claim that the team’s chairman Farai Jere committed to paying off Kwashi but has not done so despite making such promises.
“The respondent’s chairperson and co-owner called the claimant’s legal team and alleged that the claimant was insane and of unstable mind. He also promised to compute the amount due to the claimant and pay but never came back with his own computations. The respondent’s actions contravene Fifa, Caf and PSL regulations, which prioritise the welfare of players and coaches.”
Among the bonuses Kwashi is claiming is $3 000 for winning the 2016 PSL title, $3 750 in salaries and bonuses for 2015 season as well as $4 700 for the 2016 term.
He claims to be owed a huge sum of $8 000 for petrol during his contract between 2015 and 2019, which was his first spell as an assistant coach at Caps United. Between 2022 and 2023 he claims that Caps United failed to pay him a total of $6 000 in salaries and bonuses.
Caps United are accused in this case of trying to evade paying Kwashi by claiming prescription.
“To further buttress Respondent’s intention to permanently deprive claimant of his hard-earned dues, they now seek to hide behind prescription in respect of the period between 2015 and 2019 yet they re-engaged the claimant with the full assurance that all outstanding dues will be settled. This exploitive behaviour should not be condoned as it will encourage other club owners to manipulate naïve and trusting employees who are lured with promises only to be exploited and dumped without payment of the salaries and benefits lawfully due to them. In response to a letter from the claimant, the Respondent’s lawyers stated that the claim for the period from 2015-2019 has prescribed. However, the claimant’s Lawyers contest the defence of prescription raised. The re-engagement of the claimant as assistant coach interrupts the prescription period since it constituted a renewal of the agreement between the parties. The salaries and benefits due from the first period thus accrued to the second period of engagement. Failure to remunerate our client the wages due to him clearly goes against the above-mentioned provisions and is a gross infringement of his rights as he rendered services to the football club for two periods without fail. In light of the foregoing, we seek your intervention to secure our client's rightful payments and demand that action be taken against Caps United football club for non-compliance with Fifa, CAF and PSL regulations.”
