Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 9 November 2004,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Philippe Diallo (France), member
on the claim presented by
the player B.,
as Claimant
against
the club Z.,
as Respondent
regarding a dispute on the contractual relationship established between the parties
Facts of the case
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The player B. signed two employment contracts with the club Z., one on 29 July 2003
and one on 2 August 2003. Both contracts were valid until 31 May 2004.
The player turned to FIFA on 12 November 2003, given that the club failed to pay his
salaries and because it had not provided him with a work permit.
The player B. maintains that on 30 October 2003, the club had communicated to the
player that it no longer wished to count on his services.
On 19 January 2004, the club Z. offered the player a rescission proposal, which did
not contain any suggestion for compensation and which the player did not accept.
The salaries foreseen in the first employment contract of the player totalled USD
101,065, payable in 10 monthly instalments. This contract bears the stamp of the
Football Federation of the club Z.
The second employment contract signed on 2 August 2003 provided for an annual
salary of USD 150,000, payable in 10 instalments.
The player B. is asking to be compensated with the amount of USD 13,500 for half of
the month of October and 12 working days in November 2003. Additionally, the
player is claiming USD 136,500 corresponding to the remaining amount due to him
as per the employment contract.
The club Z. never sent a reply to the requests of FIFA of 8 June and 5 July 2004.
The player B. signed a new employment contract with the club Y. on 28 January 2004
for a salary of USD .
Considerations of the Dispute Resolution Chamber
The members of the Dispute Resolution Chamber were summoned to pass a decision on this
matter by the Chairman pursuant to Art. 1 point 6) of the Rules Governing the Practice and
Procedures of the Dispute Resolution Chamber.
As established in art. 21 §1 of the FIFA Regulations for the Status and Transfer of Players
(hereinafter “transfer regulations”), it falls within the purview of the Dispute Resolution
Chamber to determine whether one of the parties involved in a dispute has committed a
unilateral breach of contract without just cause. If the employment contract was breached by
a party, the Dispute Resolution Chamber is responsible to verify whether this party is
accountable for compensation and outstanding payments.
Player B. / club Z.
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In the case at hand, the members of the Dispute Resolution Chamber took note of the fact
that the club Z. had not offered its position on the matter, despite recurring requests of the
Administration. Consequently, the members of the Chamber underlined that they would have
to pass their decision solely based on the explanations put forward by the player B.
The members of the Chamber thus turned to the employment contracts that had been put
forward by the player B., two relating to his engagement at the club Z. and one regarding his
subsequent employment with club Y., which he signed on 28 January 2004 for a term until
31 December 2004 and according to which he receives a monthly salary of around USD .
On the question regarding the relevant employment contract of the player B. at the club Z.,
the Chamber determined that this would be the later contract that was signed on 2 August
2004, given that its mere existence suggests that the parties had reconsidered their
contractual relationship and amended it accordingly. The fact that the employment contract
of 2 August 2004 does not bear the stamp and signature of the Football Federation of the
club Z. holds no further relevance.
In continuation, the Chamber maintained that the employment contract had been breached
by the club Z., given that its silence indicates that it had no valid reasons to prematurely
terminate the relationship.
Consequently, the conduct of the club Z. falls under the provisions of art. 21 §1 (a) of the
aforementioned transfer regulations. The Chamber thus turned to art. 22 of the transfer
regulations and established that the player B. is entitled to compensation for the breach of
the employment contract. As club Z. had failed to provide any explanations regarding its
conduct, the members of the Chamber maintained that they could not establish any
mitigating circumstances that would allow for a different outcome.
Given the particular circumstances of this case as well as the fact that the player reassumed
an employment with the club Y. shortly after having left club Z., the Chamber concluded that
it would be appropriate for the player to receive a lump sum as compensation, which takes
into account factors such as the remuneration of the player under the contract with the club
Z., the remuneration at his subsequent club in as well as the envisaged length of the
employment at the club Z. Bearing these factors in mind, the Chamber decided that the
player B. is entitled to compensation for the breach of the employment contract in the
amount of USD 100,000.
Player B. / club Z.
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Decision of the Dispute Resolution Chamber
1.
The claim of the player B. is partly accepted.
2.
The respondent Z. must pay an amount of USD 100,000 to Mr. B.
3.
The club Z. is directed to pay the amount due to the player B. within 30 days as from
the date of the notification of this decision.
4.
According to art. 60 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 10 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:
Avenue de l’Elysée 28
1006 Lausanne
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:
Urs Linsi
General Secretary
Enclosed: CAS directives
Player B. / club Z.
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