Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 2 September 2015,
by Philippe Diallo (France), DRC judge,
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 between the parties
I.
Facts of the case
1.
On 22 December 2012, Player A from country B (hereinafter: the Claimant),
and Club C from country D (hereinafter: the Respondent), entered into an
employment contract (hereinafter: the contract) valid from “22/Dec/2012
and till the end of Cup and Premier League”.
2.
According to the contract, the Claimant was entitled, inter alia, to the
following remuneration:
3.
Moreover, the contract established the following bonuses:
4.
USD 32,000 payable on 17 February 2013;
USD 16,000 payable on 16 March 2013;
USD 16,000 payable on 18 April 2013;
USD 16,000 payable on 19 May 2013.
“…in case of presence in 70% of games the amount of 10,000 USD
will be added to his contract price;
“in addition for each goal, the amount of 1,500 USD….will be paid to
him”.
On 7 April 2015, the Claimant lodged a claim against the Respondent before
FIFA, requesting the payment of the following amounts, plus interest as
follows:
-
USD 10,000 plus interest of 5% p.a. as from 18 April 2013;
USD 16,000 plus interest of 5% p.a. as from 19 May 2013;
USD 10,000 plus interest of 5% p.a. as from 31 May 2013;
USD 1,500 plus interest of 5% p.a. as from 31 May 2013.
5.
The Claimant also requested to be paid an unspecified amount for costs and
legal fees.
6.
According to the Claimant, the Respondent has failed to pay the amounts
due on 18 April 2013 and 19 May 2013, as well as the bonuses established in
the contract. Moreover, the Claimant sustained that the contract ran until
31 May 2013.
7.
Despite having been invited to do so, the Respondent did not present its
position to the claim, although it was informed that, in absence of a reply,
Player A, country B / Club C, country D
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the Dispute Resolution Chamber would take a decision on the basis of the
information and evidence at disposal.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge analysed whether he
was competent to deal with the matter at stake. In this respect, the DRC judge
took note that the present matter was submitted to FIFA on 7 April 2015.
Consequently, the DRC judge concluded that the 2015 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber (hereinafter: the Procedural Rules) is applicable to the
matter at hand (cf. art. 21 of the 2015 editions of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 of the Procedural Rules and
confirmed that in accordance with art. 24 par. 1 and 2 in combination with art.
22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2015)
the DRC judge 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 an club from country D.
3.
In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on
the Status and Transfer of Players, the DRC judge confirmed that he may
adjudicate in the present dispute which value does not exceed CHF 100,000.
4.
Furthermore, the DRC judge analysed which edition of the Regulations on the
Status and Transfer of Players should be applicable as to the substance of the
matter. In this respect, he confirmed that in accordance with art. 26 par. 1 and
2 of the Regulations (edition 2015) and considering that the present claim was
lodged in front of FIFA on 7 April 2015, the 2015 edition of the Regulations on
the Status and Transfer of Players (hereinafter: the Regulations) is applicable
to the matter at hand as to the substance.
5.
The competence of the DRC judge and the applicable regulations having been
established, the DRC judge entered into the substance of the matter. In this
respect, the DRC judge started by acknowledging all the above-mentioned
facts as well as the arguments and the documentation submitted by the
parties. However, the DRC judge emphasised that in the following
considerations he will refer only to the facts, arguments and documentary
evidence, which he considered pertinent for the assessment of the matter at
hand.
Player A, country B / Club C, country D
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6.
In this respect and first of all, the DRC judge acknowledged that the parties
concluded an employment contract on 22 December 2012, which ran from the
date of signature “and till the end of Cup and Premier League”. In this
respect, the DRC judged noted that the Claimant held that the contract ran
until 31 May 2013.
7.
Furthermore, the DRC judge observed that under the terms of the contract,
the Claimant was entitled to the following remuneration:
8.
USD 32,000 payable on 17 February 2013;
USD 16,000 payable on 16 March 2013;
USD 16,000 payable on 18 April 2013;
USD 16,000 payable on 19 May 2013.
Moreover, the DRC judge took note that the contract established the
following bonuses in favour of the Claimant:
“…in case of presence in 70% of games the amount of 10,000 USD
will be added to his contract price”;
“in addition for each goal, the amount of 1,500 USD….will be paid to
him”.
9.
Subsequently, the DRC judge noted that the Claimant contacted FIFA on 7
April 2015 indicating that the Respondent had not fulfilled its obligations as
established in the contract, since it had failed to pay the amounts due on 18
April 2013 and 19 May 2013, as well as the bonuses established in the contract.
10.
Therefore, the Claimant requested to be paid the following amounts:
11.
-
USD 10,000 plus interest of 5% p.a. as from 18 April 2013;
-
USD 16,000 plus interest of 5% p.a. as from 19 May 2013;
-
USD 10,000 plus interest of 5% p.a. as from 31 May 2013;
-
USD 1,500 plus interest of 5% p.a. as from 31 May 2013.
Furthermore, the DRC judge noted that the Respondent had been given the
opportunity to reply to the claim submitted by the Claimant, but that the
Player A, country B / Club C, country D
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Respondent had failed to present its response in this respect. In this way, so
the DRC judge deemed, the Respondent renounced to its right of defence and,
thus, accepted the allegations of the Claimant.
12.
As a consequence of the preceding consideration, the DRC judge established
that in accordance with art. 9 par. 3 of the Procedural Rules he shall take a
decision upon the basis of the documents on file.
13.
In this context, the DRC observed that the Claimant requested the payment of
USD 10,000 corresponding to the amount that fell due on 18 April 2013 and
the payment of USD 16,000 corresponding to the amount that fell due on 19
May 2013. On account of the aforementioned considerations, the DRC judge
established that the Respondent had failed to pay to the Claimant the
amounts due on 18 April 2013 and 19 May 2013.
14.
Moreover, the DRC judge observed that the Claimant requested the payment
of USD 10,000 and USD 1,500 corresponding to match bonuses under the terms
of the contract. In this regard, the DRC judge pointed out that according to
the employment contract, the Claimant was entitled to receive match bonus
payments depending on appearances and goals scored. According to the
Claimant, bonus payments totalling USD 11,500 remained unpaid. In this
respect, the DRC judge highlighted once more that the Respondent had not
replied to the claim and that it, thus, has remained uncontested that the
Claimant had rendered his services to the Respondent during the contractual
duration. Therefore, the DRC judge decided to accept the Claimant’s claim
relating to outstanding match bonus payments.
15.
Consequently, the DRC judge concluded that, in accordance with the general
legal principles of “pacta sunt servanda” and “non ultra petita”, and in light
of the Claimant’s request, the Respondent is liable to pay USD 37,500 as
outstanding remuneration.
16.
In continuation and with regard to the Claimant's request for interest, the DRC
judge decided that the Claimant is entitled to receive interest at the rate of
5% p.a. on the amounts of USD 10,000 and USD 16,000 as of the day following
the day on which said instalments fell due, and as follows:
5% p.a. over the amount of USD 10,000 as from 19 April 2013 until the
date of effective payment;
5% p.a. over the amount of USD 16,000 as from 20 May 2013 until the
date of effective payment.
Player A, country B / Club C, country D
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17.
Moreover, and with regard to the Claimant's request for interest in respect to
match bonuses, the DRC judge the Respondent must pay to the Claimant
interest of 5% p.a. on the amount of USD 11,500 as of the date on which the
claim was lodged, i.e. 7 April 2015, until the date of effective payment.
18.
Furthermore, as regards to the claimed costs and legal fees, the DRC judge
referred to art. 18 par. 4 of the Procedural Rules as well as to its long-standing
and well-established jurisprudence, in accordance with which no procedural
compensation shall be awarded in proceedings in front of the Dispute
Resolution Chamber. Consequently, the DRC judge decided to reject the
Claimant’s request relating to costs and legal fees.
19.
The DRC judge concluded its deliberations in the present matter by rejecting
any further claim of the Claimant.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant within 30 days as from
the date of notification of the present decision, outstanding remuneration in
the amount of USD 37,500.
3.
Within the same deadline, the Respondent has to pay to the Claimant
interest as follows:
5% p.a. over the amount of USD 10,000 as from 19 April 2013 until the
date of effective payment;
5% p.a. over the amount of USD 16,000 as from 20 May 2013 until the
date of effective payment;
5% p.a. over the amount of USD 11,500 as from 7 April 2015 until the
date of effective payment.
4.
In the event that the amount plus interest due to the Claimant in accordance
with the above-mentioned numbers 2. and 3. is not paid within the stated time
limit, the present matter shall be submitted, upon request, to the FIFA
Disciplinary Committee for consideration and a formal decision.
5.
Any further claim lodged by the Claimant is rejected.
Player A, country B / Club C, country D
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6.
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
DRC judge 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 DRC judge:
Markus Kattner
Acting Secretary General
Encl. CAS directives
Player A, country B / Club C, country D
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