Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 May 2014,
in the following composition:
Thomas Grimm (Switzerland), Deputy Chairman
Philippe Piat (France), member
Joaquim Evangelista (Portugal), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the player,
Player A, from country G
as Claimant
against the club,
Club M, from country I
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
The Player A, from country G (hereinafter: the Claimant), and Club M, from
country I (hereinafter: the Respondent), signed an undated employment contract
(hereinafter: the contract) valid as from 7 January 2012 for the duration of half of
a season.
2.
According to art. 3 of the contract, the Respondent undertakes to pay the
Claimant the total amount of currency of country I 1,600,000,000 for the entire
contractual period.
3.
On 19 April 2013, the Claimant lodged a claim in front of FIFA against the
Respondent, requesting the payment of the total amount of currency of country I
800,000,000, plus interest of 5% p.a. as from 31 August 2012.
4.
In his arguments, the Claimant claims having received the amount of currency of
country I 800,000,000 upon the signature of the contract.
5.
As the expiry date of the contract approached, the Claimant claims having
received two checks from the Respondent, in the amount of currency of country I
400,000,000 each, corresponding to the residual amount of the contract due to
him. In this respect, the Claimant has provided a copy of the aforementioned
cheques, dated 15 March 2012 and 29 April 2012, both in the amount of currency
of country I 400,000,000.
6.
The Claimant further states that, as he attempted to cash in the aforementioned
checks, the bank returned them for insufficient funds. The Claimant claims having
put the Respondent in arrears with regard to said amounts, but having received
no answer of payment from the Respondent.
7.
In spite of having been invited to do so, the Respondent did not respond to the
claim.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber)
analysed whether it was competent to deal with the matter at stake. In this
respect, the Chamber referred to art. 21 par. 1 of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules). The present matter was submitted to FIFA on
19 April 2013. Therefore, the Chamber concluded that the edition 2012 of the
Procedural Rules was applicable to the matter at hand (cf. art. 21 par. 2 and 3 of
the Procedural Rules).
Player A, from country G / Club M, from country I
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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 2 in
combination with art. 22 b) of the Regulations on the Status and Transfer of
Players (editions 2012 and 2014; hereinafter: the Regulations), the Dispute
Resolution Chamber shall adjudicate on employment-related disputes between a
country G player and a country B club.
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 par. 2 of the Regulations (editions 2012 and 2014), and
considering that the present claim was lodged on 19 April 2013, the 2012 edition
of said regulations is applicable to the matter at hand as to the substance.
4.
The competence of the DRC and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In doing so,
the Chamber started by acknowledging all the above-mentioned facts as well as
the arguments and the documentation submitted by the parties.
5.
In this respect, the Chamber acknowledged that the parties to the dispute had
signed an undated employment contract, valid as from 7 January 2012 for the
duration of half a season and in accordance with which the Respondent would
pay the Claimant total remuneration in the amount of currency of country I
1,600,000,000.
6.
Subsequently, the DRC noted that the Respondent failed to present its response to
the claim of the Claimant, in spite of having been invited to do so. By not
presenting its position to the claim, the Chamber was of the opinion that the
Respondent renounced its right of defence and, thus, accepted the allegations of
the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the DRC
concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it shall
take a decision upon the basis of the documentation already on file; in other
words, upon the statements and documents presented by the Claimant.
8.
In continuation, the DRC took into consideration that, according to the Claimant,
the Respondent paid him the amount of currency of country I 800,000,000 during
the course of the contract and that, for the remaining currency of country I
800,000,000 it had issued two cheques dated 15 March 2012 and 29 April 2012,
each of them in the amount of currency of country I 400,000,000. As per the
Claimant, the payment of these cheques was refused by the bank and, therefore,
the amount of currency of country I 800,000,000 remains unpaid by the
Respondent.
Player A, from country G / Club M, from country I
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9.
Taking into account the documentation presented by the Claimant in support of
his petition, the DRC concluded that the Claimant had substantiated his claim
pertaining to outstanding remuneration with sufficient documentary evidence, in
particular by indicating its contractual basis and by providing FIFA with a copy of
the unpaid cheques.
10.
Consequently, the DRC established that the Respondent failed to remit the
Claimant his entire remuneration as per the contract and, in accordance with the
general legal principle of pacta sunt servanda, it should be held liable to pay to
the Claimant outstanding remuneration in the total amount of currency of
country I 800,000,000.
11.
In addition, taking into account the Claimant’s request as well as the constant
practice of the Dispute Resolution Chamber, the DRC decided that the Respondent
must pay to the Claimant interest of 5% p.a. on the amount of 800,000,000 as
from 31 August 2012 until the date of effective payment.
12.
Equally, the DRC decided that the Claimant has to return to the Respondent the
three cheques amounting to currency of country I 400,000,000 each, bearing the
date of 15 March 2012 and 29 April 2012.
13.
Finally, the DRC judge concluded his deliberations in the present matter by
establishing that the claim of the Claimant is accepted.
*****
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is accepted.
2.
The Respondent, Club M, is ordered to pay to the Claimant outstanding
remuneration in the amount of currency of country I 800,000,000 plus 5% interest
p.a. as from 31 August 2012 until the date of effective payment, within 30 days as
from the date of notification of this decision.
3.
In the event that the amount due to the Claimant is not paid by the Respondent
within the stated time limit, the present matter shall be submitted, upon request, to
the FIFA Disciplinary Committee for consideration and a formal decision.
4.
The Claimant is ordered to return to the Respondent, within 30 days as from the
date of notification of this decision, the following cheques:
Player A, from country G / Club M, from country I
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5.
cheque dated 15 March 2012, in the amount of currency of country I
400,000,000;
cheque dated 29 April 2012, in the amount of currency of country I
400,000,000.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittances are to be made and to notify the Dispute
Resolution Chamber of every payment received.
*****
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 A, from country G / Club M, from country I
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