Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 19 February 2015,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Joaquim Evangelista (Portugal), member
Theodore Giannikos (Greece), member
on the claim presented by the player,
Player A, country B,
as Claimant
against the club,
Club C, country D
as Respondent
regarding an employment-related dispute arisen between the parties
I.
Facts of the case
1.
On 1 January 2014, the Player A from country B (hereinafter: player or Claimant)
and the Club C from country D (hereinafter: club or Respondent) concluded an
employment agreement, valid as from 1 January 2014 until 30 May 2014.
2.
According to the employment contract, the player is entitled to receive a ‘match
win bonus’ and a ‘match draw bonus’, according to the club’s bonus system.
3.
The player is further entitled to receive inter alia an ‘country D league win’ bonus,
a ‘Europe Qualify’ bonus and a ‘national cup win’ bonus, and he has the right to
request the ‘club bonus system book’ before the start of the season.
4.
The player states that he heard from other players of the club that they all had
received a bonus of USD 20,000 for qualification for the European cup.
5.
According to the player, he subsequently asked for a bonus payment of USD 20,000,
but the club stated that the player did not have the right to claim this and paid him
only USD 5,000 in cash.
6.
Furthermore, the player states that he has asked for the club bonus system book,
but the club did not fulfil its obligation to provide him with said document.
7.
After having put the club in default on 7 October 2014, the player lodged a claim
against the club in front of FIFA on 22 October 2014, maintaining that the club
failed to pay the amount of USD 15,000 for the bonus for qualification for the
European cup.
8.
Therefore, the player asks that the club be ordered to pay the total amount of USD
15,000, plus 5% annual interest as from the due date of the payment, as well as to
impose disciplinary sanctions on the club.
9.
The club alleges that the player’s claim is groundless and not substantiated and that
it has never paid such bonus amount of USD 20,000 to the players of the club.
10.
Further, the club states that it provided all the players of the team with the club
bonus system book on 1 August 2013. Also, the club states that it has the right make
changes on the bonus awarding system and that it decided to pay the amount of
USD 10,000 to the player, for winning the third place in the country D championship.
The club also states that it has paid the player the full awards for all matches the
club played during the season as well as medical costs, although the player was
injured as from March 2014.
11.
According to the club, on 13 June 2014 it has paid the above-mentioned
components, as well as the salary of May 2014 and the visa fee to the player.
Player Player A, country B / Club Club C, country D Page 2 of 5
12.
Therefore, the club holds that it has fulfilled all its obligations towards the player
and asks that the player’s claim be rejected.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber
or DRC) analysed whether it was competent to deal with the matter at hand. In this
respect, it took note that the present matter was submitted to FIFA on 22 October
2014. Consequently, the Rules governing the procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (edition 2014; hereinafter:
Procedural Rules) are applicable to the matter at hand (cf. art. 21 par. 1 and par. 2
of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 and par. 2 in
combination with art. 22 lit. b) of the Regulations on the Status and Transfer of
Players (edition 2014) 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 country B and a club from country
D.
3.
Furthermore, 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 (edition
2014), and considering that the present claim was lodged on 22 October 2014, the
2014 edition of said regulations (hereinafter: Regulations) is applicable to the
matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this respect,
the Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and the documentation submitted by the parties. 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.
5.
In this respect, the Chamber noticed that acknowledged that the parties had
signed an employment contract on 1 January 2014, in accordance with which the
Claimant was entitled to receive, inter alia, a ‘Europe Qualify bonus’ in connection
with qualification for the European cup.
6.
In addition, the members of the Chamber observed that according to the
employment contract the player had the right to request the ‘club bonus system
Player Player A, country B / Club Club C, country D Page 3 of 5
book’ and that the club, in reply to the Claimant’s allegation that the Respondent
did not provide him with said book after his alleged pertinent request, stated that
it provided all the players of the team with said document on 1 August 2013.
7.
In continuation, the Chamber noted that according to the Claimant the club had
failed to pay the amount of USD 20,000 for qualification for the European cup,
specifying that he only received the amount of USD 5,000 in cash, although all other
players, according to the Claimant, were paid the amount of USD 20,000.
Consequently, the Claimant asks to be awarded payment of the total amount of
USD 15,000, plus interest.
8.
Equally, the Chamber took note of the reply of the Respondent, which denied that
it paid the amount of USD 20,000 as a bonus to the other players of the team.
According to the Respondent, the Claimant’s claim is groundless and not
substantiated and shall therefore be rejected.
9.
In this respect, the members of the Chamber recalled the basic principle of burden
of proof, as stipulated in art. 12 par. 3 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.
10.
Having said this, the Chamber noted that the Claimant has not presented any
evidence with respect to the alleged payment of USD 20,000 as a bonus for
qualification for the European cup to other players of the team. Further, the
Claimant has not submitted any evidence that could lead to the conclusion that he
was entitled to such bonus payment of USD 20,000.
11.
In view of the above, the Chamber concluded that the Claimant has not provided
evidence in support of his claim. Consequently, the Chamber decided to reject the
claim of the Claimant.
III.
Decision of the Dispute Resolution Chamber
The claim of the Claimant, Player A, is rejected.
Player Player A, country B / Club Club C, country D Page 4 of 5
*****
Note relating to the motivated decision (legal remedy):
According to art. 67 par. 1 of the FIFA Statutes, this decision may be appealed against
before the Court of Arbitration for Sport (CAS). The statement of appeal must be sent
to the CAS directly within 21 days of receipt of notification of this decision and shall
contain all the elements in accordance with point 2 of the directives issued by the
CAS, a copy of which we enclose hereto. Within another 10 days following the expiry
of the time limit for filing the statement of appeal, the appellant shall file a brief
stating the facts and legal arguments giving rise to the appeal with the CAS (cf. point
4 of the directives).
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl. CAS directives
Player Player A, country B / Club Club C, country D Page 5 of 5