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
Player A.,
as Claimant
against
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 A. signed two employment contracts with the club Z., one on 1 July 2003
and the second on 1 August 2003. Both contracts were established to run until the
end of the season 2005/06.
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 A. maintains that on 30 October 2003, the club had informed him 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 signed by the parties on 1 July
2003 are as follows:
USD 150,000 for the season 2003/04
USD 150,000 for the season 2004/05
USD 175,000 for the season 2005/06
Furthermore, clause 7 of the employment contract foresaw that the player would
receive USD 50,000 as a signing-on fee on 10 July 2003.
The second employment contract that was signed on 1 August 2003 and that, in
contrast to first the contract of 1 July 2003, bears the stamp of the Football
Federation of the club Z., foresees a different salary. According to this contract, the
player would be entitled to USD 101,065 per season until the end of the season
2005/06, payable in ten monthly instalments.
The player A. is asking to be compensated with:
USD 50,000 owed as the signing-on fee on 10 July 2003
USD 13,500 as the salaries for 10 days in July and half of the months of
October 2003
USD 136,500 as the remaining salaries for the season 2003/04
USD 150,000 for the season 2004/05
USD 175,000 for the season 2005/06
Totalling: USD 525,000
Upon the request of the FIFA Administration to hand in a copy of the employment
contract that he signed after leaving the country of the club Z., the player A. provided
FIFA with a contract dated 29 July 2002 signed with the club T. valid until 29 July
2007 and for a salary of USD 710.
The club Z. never reacted to the correspondence sent from FIFA.
Player A. / club Z.
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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.
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 A.
The members of the Chamber thus turned to the employment contracts that had been put
forward by the player A., two relating to his engagement at the club Z. and one regarding his
subsequent employment with club T, which he signed on 2 July 2002 for a term until 29 July
2007 and according to which he receives a monthly salary of around USD 710 in local
currency.
On the question regarding the relevant employment contract of the player A. at the club Z.,
the Chamber determined that this would be the later contract that was signed on 1 August
2003, 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 1 August 2003 does 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 A. is entitled to compensation for the breach of
the employment contract. As the 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.
Player A. / club Z.
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The Chamber next turned to the employment contract put forward by the player A. when
asked by the FIFA Administration to communicate the contractual engagement that he signed
after leaving the country of the club Z. In this regard, the members Chamber felt that they
had not been provided with the true information on the earnings of the player A. once he
reassumed work in his home country. In particular, the Chamber underlined that a contract
signed on 29 July 2002 would have ended with the player’s employment at the club Z. on 1
July 2004. A new employment with the club T. would have therefore required a new
contractual understanding. Furthermore, the Chamber maintained that it could not believe
that a player who is entitled to a yearly remuneration exceeding USD 100,000, will
subsequently settle for a yearly remuneration of no more than USD 8,520. Consequently, the
members of the Chamber decided that the contract put forward by the player A. with the club
T. could not be taken into consideration when deciding the player’s entitlement to
compensation. Instead, the Chamber would have to establish a lump sum payable to the
player, without the information that it had requested from the latter.
In light of these circumstances and bearing in mind the intended duration of the employment
of the player A. at the club Z., the Chamber concluded that it would be appropriate for the
player to receive compensation for the breach of the employment contract in the amount of
USD 125,000.
Player A. / club Z.
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Decision of the Dispute Resolution Chamber
1.
The claim of the player A. is partly accepted.
2.
The respondent, the club Z, must pay an amount of USD 125,000 to the player A.
3.
The club Z. is directed to pay the amount due to the player A. 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 A. / club Z.
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