Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 July 2014,
in the following composition:
Thomas Grimm (Switzerland), Chairman
Johan van Galeen (South Africa), member
Theodoros Giannikos (Greece), member
on the claim presented by the player,
Player A, from country B
as Claimant
against the club,
Club C, from country D
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 1 January 2013, the player from country B, Player A (hereinafter: player or Claimant),
and the club from country D, Club C (hereinafter: club or Respondent), signed an
employment contract valid as from 1 January 2013 until 30 June 2013.
2.
On 10 June 2013, the club and the player entered into a termination agreement, the terms
of which established that the club should pay the player two and a half month’s
outstanding salary, amounting to 4,252.50 and flight tickets amounting to EUR 667 due on
30 August 2013.
3.
On several occasions the player put the club in default of payment of the amount of BHD
4,252.50 (converted into EUR) and the EUR 667 relating to the air tickets on the basis of the
termination agreement. On 5 December 2013, the player put the club in default of payment
for the final time.
4.
On 16 January 2014, the player lodged a claim in front of FIFA against the club asking that
he be paid the monies owed under the termination agreement, totalling EUR 8,981.04 (i.e.
BHD 4,252.50 converted into EUR and EUR 667 for the air tickets) plus 5% p.a. interest as of
30 August 2013.
5.
In addition, the player asks that these payments be awarded net.
6.
In spite of having been invited by FIFA to provide its position regarding the claim, the club
did not respond to the claim or make any statement during the course of the investigation.
II.
Considerations of the Dispute Resolution Chamber
1.
First, 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 16 January 2014. Consequently, the
Rules governing the procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (edition 2012; 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 2012), it 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 2012), and
considering that the present claim was lodged on 16 January 2014, the 2012 edition of said
regulations (hereinafter: Regulations) is applicable to the matter at hand as to the
substance.
Player A, from country B / Club C, from country D
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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 aforementioned facts as well as the arguments and
documentation submitted by the parties. The Chamber, however, 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 DRC acknowledged that following the conclusion of an employment
contract on 1 January 2013, the Claimant and the Respondent had concluded a termination
agreement on 10 June 2013, in accordance with which the Respondent undertook to pay to
the Claimant BHD 4,252.50 and flight tickets amounting to EUR 667.
6.
The DRC futher noted that the Claimant claims that the Respondent had failed to make the
payments provided for by the termination agreement and consequently, the Claimant asked
to be awarded the payment of the amount of EUR 8,981.04 (i.e. BHD 4,252.50 converted
into EUR and EUR 667 for the air tickets) plus 5% p.a. interest as of 30 August 2013.
7.
Furthermore, the DRC noted that the Respondent had been given the opportunity to reply
to the claim submitted by the Claimant, but that the Respondent had failed to present its
response in this respect. In this way, so the DRC deemed, the Respondent renounced its right
of defence and, thus, accepted the allegations of the Claimant.
8.
As a consequence of the preceding consideration, the DRC established that in accordance
with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the
documents on file.
9.
On account of the aforementioned considerations, the DRC established that the Respondent
had failed to pay to the Claimant the amounts as agreed upon in the termination
agreement, totalling BHD 4,252.50 and EUR 667. Consequently, the DRC concluded that, in
accordance with the general legal principle “pacta sunt servanda”, the Respondent is liable
to pay the Claimant the amounts of BHD 4,252.50 and EUR 667.
10.
In continuation and with regard to the Claimant’s request for interest, the DRC decided that
the Claimant is entitled to receive interest at the rate of 5% p.a. on the outstanding
amounts as from 31 August 2013, i.e. the day following the due date of the payment of said
amounts in accordance with the termination agreement.
11.
The Chamber concluded its deliberations in the present matter by establishing that any
further claim lodged by the Claimant is rejected.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Player A, is partially accepted.
Player A, from country B / Club C, from country D
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2.
The Respondent, Club C, is ordered to pay to the Claimant, within 30 days as from the
date of notification of this decision, the amount of 4,252.50 and EUR 667 plus 5% interest
p.a. as from 31 August 2013 until the date of effective payment.
3.
In the event that the aforementioned sums plus interest are not paid by the Respondent
within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s
Disciplinary Committee for consideration and a formal decision.
4.
Any further request filed by the Claimant is rejected.
5.
The Claimant is directed to inform the Respondent immediately and directly of the account
number to which the remittance is 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:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives
Player A, from country B / Club C, from country D
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