Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 13 October 2010
in the following composition:
Slim Aloulou (Tunisia), Chairman
Theo van Seggelen (Netherlands), member
Essa M. Saleh Al-Housani (United Arab Emirates), member
on the claim presented by the player,
F,
as Claimant
against the club,
O,
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 6 July 2007, the German player, F (hereinafter: the player or Claimant), concluded an
employment contract with the G club O (hereinafter: the club or Respondent), valid
from the date of the signature until 30 June 2009.
2.
According to clause 3 of the above-mentioned the contract the parties agreed upon a
net yearly salary for the first and second year of EUR 165,000 payable as follows:
a) Season 2007/2008
-
EUR 20,000 upon signing the contract;
EUR 15,000 on 30 August 2007;
EUR 20,000 on 30 September 2007, and
4 instalments of EUR 27,500 at the end of November 2007, January 2008, March
2008 and May 2008.
b) Season 2008/2009
-
6 instalments of EUR 27,500 at the end of July 2008, September 2008,
November 2008, January 2009, March 2009 and May 2009.
3.
According to clause 4 of the contract the player would be entitled to several bonuses
based on the team performance.
4.
On 17 September 2009, the player contacted FIFA arguing that it had signed an
employment contract with the club on 6 July 2007 valid for two seasons and providing
for a total salary of EUR 165,000 for each season. Moreover, the player explained that
the club is still obliged to pay him remaining salaries amounting to EUR 117,000 for the
period as from October 2008 until June 2009.
5.
The FIFA administration contacted the club requesting its position in relation to the
player’s claim, however, the club never submitted a response in this respect.
Player Fabian Gerber, Germany / Club Omilos Filathon Iraklion, Greece
2
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to deal
with the case at hand. In this respect, it took note that the present matter was
submitted to FIFA on 17 September 2009. Consequently, the 2008 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 21
paras. 2 and 3 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 2 in combination with
art. 22 lit. b of the Regulations on the Status and Transfer of Players 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 German player
and a Greek 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 2 of the Regulations on the Status and Transfer of Players, and considering that
the present claim was lodged on 17 September 2009, the previous version of the
regulations (edition 2008; 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. The members of the
Chamber started by acknowledging that the Claimant and the Respondent signed an
employment contract 0n 6 July 2007 valid until 30 June 2009, a copy of which was
presented by the Claimant along with his statement of claim, in accordance with which
the player was entitled to receive the total net amount of EUR 165,000 per year.
6.
The Chamber noted that the player claims that the club failed to fulfil its contractual
obligations. In particular, the Claimant explained that the Respondent still owes him
remaining salaries amounting to EUR 117,000 for the period as from October 2008 until
June 2009.
5.
Consequently, the Claimant asks to be awarded payment of the amount of EUR
117,000.
Player Fabian Gerber, Germany / Club Omilos Filathon Iraklion, Greece
3
6.
The Respondent, for its part, failed to present its response to the claim of the player, in
spite of having been invited to do so. In this way, so the Chamber, the Respondent
renounced its right to defence and, thus, accepted the allegations of the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the Chamber
concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a
decision upon the basis of the documents already on file, in other words, upon the
statements and documents presented by the Claimant.
8.
As stated above, in accordance with the contract presented by the Claimant, the
Respondent was obliged to pay to the Claimant during the season 2008/2009 a yearly
net amount of EUR 165,000, payable in 6 instalments of EUR 27,500 each at the end of
July 2008, September 2008, November 2008, January 2009, March 2009 and May 2009.
9.
Moreover, the Chamber considered that the Claimant explained that the Respondent
has failed to pay him the salaries for the period as from October 2008 until June 2009.
10.
In view of the above, and in particular considering the Claimant alleged that the salaries
for the period as from October 2008 until June 2009 remained unpaid, the Chamber
established that according to the content of the contract the following four installments
remained unpaid: November 2008, January 2009, March 2009 and May 2009 amounting
to EUR 27,500 each.
11.
On account of all of the above, the Chamber decided that the Respondent is liable to
pay to the Claimant the outstanding amount of salaries in the total amount of EUR
110,000.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, F, is partially accepted.
2.
The Respondent, O, has to pay to the Claimant, F, the amount of EUR 110,000 within
30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the above-mentioned deadline, an
interest rate of 5% per year will apply and the present matter shall be submitted, upon
request, to FIFA’s Disciplinary Committee for consideration and a formal decision.
Player Fabian Gerber, Germany / Club Omilos Filathon Iraklion, Greece
4
4.
The Claimant, F, is directed to inform the Respondent, O, 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. 63 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 Fabian Gerber, Germany / Club Omilos Filathon Iraklion, Greece
5