Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 16 November 2012,
by Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
Player F, from country P
as Claimant
against the club,
Club C, from country Q
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On 1 January 2011, player F, from country P (hereinafter: player or Claimant) and the
Club C, from country Q (hereinafter: club or Respondent) signed an employment
contract valid as from the date of signature until 31 April 2011 (sic).
2.
According to clause 2 lit. a of the employment contract, the player was entitled to
receive from the club the amount of EUR 6,000 in four instalments of EUR 1,500 each,
the first one to be paid on 31 January 2011 and the last one to be paid on 31 April 2011
(sic).
3.
On 21 November 2011, the player lodged a claim against the club in front of FIFA
requesting from the club the payment of EUR 6,000, plus 5% interest p.a. as from the
due date of the respective instalments. In this respect, the player explained that he had
sent several letters to the club requesting the payment of his outstanding salary, but
that the latter had never paid the amount due.
4.
In reply to the claim, the club argued that it only owed the amount of EUR 2,200 to the
player and, therefore, dismissed the player’s claim amounting to EUR 6,000.
II.
Considerations of the DRC judge
1.
First of all, the DRC judge analysed whether he was competent to deal with the case at
hand. In this respect, he took note that the present matter was submitted to FIFA on 21
November 2011. Consequently, the 2008 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 par. 2 and par. 3 of the
Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 2 and par. 3 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and par. 2 in conjunction with art.
22 lit. (b) of the Regulations on the Status and Transfer of Players (edition 2010), he is
competent to decide on the present litigation, which concerns an employment-related
dispute with an international dimension between a country P player and a country Q
club.
3.
Furthermore, the DRC judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that in accordance with art. 26
par. 1 and par. 2 of the Regulations on the Status and Transfer of Players (edition 2010)
and considering, on the one hand, that the present claim was lodged on 21 November
2011 and, on the other hand, that the contract at the basis of the dispute was signed on
1 January 2011, the 2010 edition of said Regulations (hereinafter: the Regulations) is
applicable to the present matter as to the substance.
Player F, from country P / Club C, from country Q
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4.
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 acknowledged that, as stated above, on 1 January 2011, the Claimant and
the Respondent signed an employment contract, in accordance with which the player
was to receive the total monthly remuneration of EUR 1,500 during four months as
from 31 January 2011 until the end of April 2011.
5.
The DRC judge noted that the player claims that the club failed to pay his salaries for
January, February, March and April 2011 in the total amount of EUR 6,000. Therefore,
the Claimant asks that the Respondent be ordered to pay said outstanding salaries plus
5% interest p.a. as of the respective due dates.
6.
The Respondent, for its part, asserts that it only owed the amount of EUR 2,200 to the
Claimant. However, the Respondent did not provide any documentary evidence in order
to prove the above-mentioned allegations nor did it in fact explain why it would owe
only EUR 2,200 to the Claimant. Consequently, and bearing in mind the general legal
principle contained in art. 12 par. 3 of the Procedural Rules, which stipulates that any
party claiming a right on the basis of an alleged fact shall carry the burden of proof, the
DRC judge concluded that the argumentation of the Respondent had to be rejected.
7.
On account of all of the above, the DRC judge established that the Respondent had
failed to pay to the Claimant the amounts as established in the employment contract
totalling EUR 6,000. Consequently, the DRC judge decided to accept the claim of the
Claimant and, in accordance with the general legal principle of “pacta sunt servanda”,
to order the Respondent to pay to the Claimant the amount of EUR 6,000, i.e. the
Claimant’s monthly salaries for January, February, March and April 2011.
8.
In continuation, taking into account the Claimant's request for interest as well as the
constant practice of the Dispute Resolution Chamber in this regard, the DRC judge
decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on each of
the outstanding monthly instalments as of the day on which such instalments had fallen
due until the date of effective payment.
III.
Decision of the DRC judge
1.
The claim of the Claimant, Player F, is accepted.
2.
The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of
notification of this decision, the amount of EUR 6,000 plus interest at the rate of 5%
p.a. as follows:
a)
b)
c)
d)
5% p.a. as of 1 February 2011 on the amount of EUR 1,500;
5% p.a. as of 1 March 2011 on the amount of EUR 1,500;
5% p.a. as of 1 April 2011 on the amount of EUR 1,500;
5% p.a. as of 1 May 2011 on the amount of EUR 1,500.
Player F, from country P / Club C, from country Q
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3.
In the event that the aforementioned amount plus interest 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 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
Deputy Secretary General
Encl.: CAS directions
Player F, from country P / Club C, from country Q
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