Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber
passed in Zurich, Switzerland, on 25 October 2018,
in the following composition:
Geoff Thom ps on (England), Chairman
S tefano La Porta (Italy ), member
Muzam m il Bin Moham ed (S ingapore), member
Tom is lav Kas alo (Croatia), member
Joaquim Ev angelis ta (Portugal), member
on the claim presented by the player,
Play er 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 cas e
1.
On an unspecified date, the player of Country B, Player A (hereinafter: the
Claimant), and the club of Country D, Club C (hereinafter: the
Respondent), signed an employment contract valid as from 16 December
2017 until 20 May 2018.
2.
According to art. 2 of the employment contract, the Claimant was entitled,
inter alia, to the total amount of USD 75,000 for the entire duration of the
employment relationship.
3.
According to art. 3 of the employment contract, the above-mentioned
amount was to be paid in 4 instalments of USD 18,750 each as follows: a.
the first “after the contract being signed by both parties”; b. the second
“within January to February 2018”; c. the third “within April to May 2018”
and d. the fourth “at the end of the contract”.
4.
By letter dated 29 June 2018, the Claimant put the Respondent in default
of payment of USD 56,250, corresponding to the second, the third and the
fourth instalment of the employment contract, asking to be paid by 7 July
2018.
5.
On 10 July 2018, the Claimant lodged a claim against the Respondent in
front of FIFA requesting to be awarded:
a. USD 56,250, corresponding to his outstanding salaries;
b. USD 100,000 as compensation “for all the image and moral damages
suffered”;
c. 5% interest p.a. “since the moment the due amount became
outstanding”.
6.
With his claim, the Claimant further requested that sporting sanctions be
imposed on the Respondent.
7.
More in particular, the Claimant explained that, after he had been
regularly paid USD 18,750 as first instalment of the contract on 16
December 2017, he did not receive any payments from the Respondent
until the contract expired on 20 May 2018.
8.
Furthermore, the Claimant argued that, as a consequence of the
Respondent’s stance, he suffered “several sporting, financial, image and
moral damages” for which he deemed he had to be compensated.
Player A, Country B / Club C, Country D
2/7
9.
Despite having been invited by FIFA to provide its comments on the
present matter, the Respondent did not answer to the claim.
II.
Cons iderations of the Dis pute Res olution Cham ber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred as
DRC or Chamber) analysed whether it was competent to deal with the case
at hand. In this respect, the Chamber took note that the present matter
was submitted to FIFA on 10 July 2018. Consequently, the DRC concluded
that the 2018 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
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 in
combination with art. 22 lit. b) of the Regulations on the Status and
Transfer of Players (edition June 2018), 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 of Country B and a club of 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 Player (edition June 2018), and considering that the
present claim was lodged on 10 July 2018, the June 2018 edition of said
regulations (hereinafter: the 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 abovementioned 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.
Having said that, the members of the Chamber acknowledged that, on an
unspecified date, the Claimant and the Respondent signed an employment
contract pursuant to which the Respondent undertook to pay to the
Claimant, inter alia, to the total amount of USD 75,000 for the whole
duration of the employment relationship.
Player A, Country B / Club C, Country D
3/7
6.
More in particular, the DRC observed that the Claimant’s financial
entitlements were to be paid in 4 instalments of USD 18,750 each,
according to the following schedule: i. the first instalment was due “after
the contract being signed by both parties”; ii. the second was due “within
January to February 2018”; iii. the third “within April to May 2018” and iv.
the last “at the end of the contract”.
7.
The Dispute Resolution Chamber further acknowledged that, according to
the Claimant, the Respondent had failed to remit him the amounts
corresponding to the second, the third and the fourth instalment and that,
consequently, he put the Respondent in default of payment of USD 56,250
on 29 June 2018.
8.
Furthermore, the Chamber took note that the Respondent, for its part,
failed to present its response to the claim of the Claimant, despite having
been invited to do so. In this way, so the Chamber deemed, the
Respondent renounced its right to defence and, thus, accepted the
allegations of the Claimant.
9.
Moreover, and as a consequence of the aforementioned consideration, the
Chamber established 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.
10.
Having said that, the Chamber highlighted that it remained uncontested
that the Respondent had not fulfilled its financial obligations set forth in
the employment contract signed between the parties and that it failed to
pay to the Claimant the amount of USD 56,250 in accordance with said
contract.
11.
On account of the above considerations and the documentation on file,
the DRC decided that, in accordance with the general legal principle of
“pacta sunt servanda”, the Respondent is liable to pay the amount of USD
56,250 to the Claimant.
12.
In addition, taking into account the Claimant’s claim and bearing in mind
that the documentation on file did not allow the members of the Chamber
to determine the due dates of the specific financial obligation, the
Chamber decided to award the Claimant interest of 5% p.a. as of the day
following the expiry of the employment contract.
13.
Subsequently, the DRC analysed the request of the Claimant corresponding
to compensation for image and moral damages in the amount of USD
100,000. In this regard, the Chamber deemed it appropriate to point out
that the request for said compensation presented by the Claimant had no
Player A, Country B / Club C, Country D
4/7
legal or regulatory basis and pointed out that no corroborating evidence
had been submitted that demonstrated or quantified the damage
suffered. Consequently, the DRC rejected the Claimant’s request relating to
moral damages.
14.
The Dispute Resolution Chamber concluded its deliberations in the present
matter by establishing that any further claim lodged by the Claimant is
rejected.
15.
Furthermore, taking into account the consideration under number II./3.
above, the Chamber referred to par. 1 and 2 of art. 24bis of the
Regulations, which stipulate that, with its decision, the pertinent FIFA
deciding body shall also rule on the consequences deriving from the failure
of the concerned party to pay the relevant amounts of outstanding
remuneration and/or compensation in due time.
16.
In this regard, the Chamber established that, in virtue of the
aforementioned provision, it has competence to impose a sanction on the
Respondent. More in particular, the DRC pointed out that, against clubs,
the sanction shall consist in a ban from registering any new players, either
nationally or internationally, up until the due amount is paid and for the
maximum duration of three entire and consecutive registration periods.
17.
Therefore, bearing in mind the above, the DRC decided that, in the event
that the Respondent does not pay the amount due to the Claimant within
45 days as from the moment in which the Claimant, following the
notification of the present decision, communicates the relevant bank
details to the Respondent, a ban from registering any new players, either
nationally or internationally, for the maximum duration of three entire
and consecutive registration periods shall become effective on the
Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.
18.
Finally, the Chamber recalled that the above-mentioned sanction will be
lifted immediately and prior to its complete serving upon payment of the
due amounts, in accordance with art. 24bis par. 3 of the Regulations.
III.
Decis ion of the Dis pute Res olution Cham ber
1.
The claim of the Claimant, Player A, is partially accepted.
2.
The Respondent, Club C, has to pay to the Claimant the amount of USD
56,250 plus 5% interest p.a. as of 21 May 2018 until the date of effective
payment.
Player A, Country B / Club C, Country D
5/7
3.
Any further claim lodged by the Claimant is rejected.
4.
The Claimant is directed to inform the Respondent, immediately and
directly, preferably to the e-mail address as indicated on the cover letter of
the present decision, of the relevant bank account to which the
Respondent must pay the amount mentioned under point 2 above.
5.
The Respondent shall provide evidence of payment of the due amount in
accordance with point 2 above to FIFA to the e-mail address XXX, duly
translated, if need be, into one of the official FIFA languages (English,
French, German, Spanish).
6.
In the event that the amount due plus interest in accordance with point 2
above is not paid by the Respondent w ithin 45 day s as from the
notification by the Claimant of the relevant bank details to the
Respondent, the Respondent shall be banned from registering any new
players, either nationally or internationally, up until the due amount is
paid and for the maximum duration of three entire and consecutive
registration periods (cf. art. 24bis of the Regulations on the Status and
Transfer of Players).
7.
The ban mentioned in point 6 above will be lifted immediately and prior
to its complete serving, once the due amount is paid.
8.
In the event that the aforementioned sum plus interest is still not paid by
the end of the ban of three entire and consecutive registration periods,
the present matter shall be submitted, upon request, to FIFA’s Disciplinary
Committee for consideration and a formal decision.
*****
Note relating to the m otiv ated decis ion (legal remedy):
According to art. 58 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,
Player A, Country B / Club C, Country D
6/7
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 (CAS)
Avenue de Beaumont 2
CH-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:
Emilio García Silvero
Chief Legal & Integrity Officer
Player A, Country B / Club C, Country D
7/7