Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 2 November 2005,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), Member
Ivan Gazidis (United States), Member
Mick McGuire (England), Member
Philippe Piat (France), Member
on the claim presented by
Player A,
as Claimant
against
Club B,
as Respondent
regarding a dispute about
the employment contract concluded between the parties.
I.
Facts of the case
1.
On 2 February 2004, the player A and the club B, bound by an employment
contract until 31 May 2004, signed an agreement according to which the club
had to pay to the player the amount of USD 129,500 in settlement of debts, in
the following manner:
• USD 13,500 on 2 February 2004
• USD 4,000 per month, as from March 2004 until July 2006
2.
On 12 July 2004, the player submitted to FIFA a claim against the club in
question, maintaining that the club so far only paid the instalment of USD
13,500, due on 2 February 2004, but did not comply with its obligation of the
monthly payment of USD 4,000.
3.
Therefore, the player requested the immediate payment of USD 116,000 from
the club.
4.
On 8 February 2005, the club replied that besides the instalment of USD 13,500,
due on 2 February 2004, it also had paid to the player the amount of USD 6,700
on 19 March 2004. As a result to this, it acknowledged owing the player only the
amount of USD 109,300, which it could pay to him in six monthly instalments.
5.
An agreement drafted by FIFA in this sense was not signed by both parties, due
to different opinions regarding the dates of the payments.
6.
The player however never contested also having received the amount of USD
6,700 on 19 March 2004.
II.
Considerations of the Dispute Resolution Chamber
1.
The members of the Dispute Resolution Chamber were summoned by the
Chairman to pass a decision on the present matter pursuant to Art. 1 point 6) of
the Rules Governing the Practice and Procedures of the Dispute Resolution
Chamber.
2.
The deciding body started its deliberations by indicating that, as established in
Art. 42 § 1 lit. (b) (i) of the FIFA Regulations for the Status and Transfer of Players
(hereinafter: the Regulations), it falls within the purview of the Dispute
Resolution Chamber to determine whether one of the parties has committed a
unilateral breach of contract without just cause. In the case that the employment
contract was breached by a party, the Dispute Resolution Chamber is responsible
to verify and decide whether this party is accountable for outstanding payments
and compensation.
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Player A/ Club B
3.
In view of the above, the Dispute Resolution Chamber concluded that it was
competent to decide on the present litigation.
4.
The Chamber then acknowledged the documentation contained in the file and
took note in particular of the fact that it was undisputed by the parties involved
in this matter that the club B is owing to the player A the amount of USD
109,300. Moreover, the Chamber took note of the club’s request to pay the
mentioned amount in six monthly instalments.
5.
In the light of the above, the Chamber expressed its regret that the parties did
not come to an agreement for a payment plan in order to settle the matter, and
that the matter had to be submitted to the Dispute Resolution Chamber for a
formal decision.
6.
The Chamber then deliberated on the modalities of a payment plan, and decided
that the club B has to pay the due amount to the player A in accordance with the
following payment plan:
• 15 January 2006
USD 18,000
• 1 March 2006
USD 18,000
• 1 May 2006
USD 18,000
• 1 July 2006
USD 18,000
• 1 September 2006 USD 18,000
• 1 November 2006
USD 19,300
7.
Furthermore, the Chamber decided that in the event that one of the instalments
as mentioned above is not paid within the established deadline, the remainder
will be due immediately. Any amount paid by the club to the player in virtue of
this agreement, would in this case come in deduction to the total amount of USD
109,300. Furthermore, in the event that an instalment is not paid within the
stated deadline, an interest rate of 5% per year would apply.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the player A is partially accepted.
2.
The club B has to pay the amount of USD 109,300 to the player A in accordance
with the following payment plan:
• 15 January 2006
USD 18,000
• 1 March 2006
USD 18,000
• 1 May 2006
USD 18,000
• 1 July 2006
USD 18,000
• 1 September 2006 USD 18,000
• 1 November 2006
USD 19,300
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Player A/ Club B
3.
If any of the aforementioned instalments is not paid within the established
deadline, the remainder will be due immediately. Any amount paid by the club B
to the player A in virtue of this payment plan, would in this case come in
deduction to the total amount of USD 109,300.
4.
If any of the aforementioned instalments is not paid within the stated deadline,
an interest rate of 5% per year shall apply.
5.
If any of the aforementioned instalments is not paid within the aforementioned
deadline, the present matter shall be submitted to FIFA’s Disciplinary Committee,
so that the necessary disciplinary sanctions may be imposed.
6.
Any further request of the player A is rejected.
7.
The player A is directed to inform the club B immediately of the account number
to which the remittances are to be made, and to notify the Dispute Resolution
Chamber of every payment received.
8.
According to art. 60 par. 1 of the FIFA Statutes this decision may be appealed
before the Court of Arbitration for Sport (CAS). The statement of appeal must be
sent to the CAS directly within 10 days of receiving notification of this decision
and has to contain all elements in accordance with point 2 of the directives
issued by the CAS, copy of which we enclose hereto. Within another 10 days
following the expiry of the time limit for the filing of the statement of appeal,
the appellant shall file with the CAS a brief stating the facts and legal arguments
giving rise to the appeal (cf. point 4 of the directives). The full address and
contact numbers of the CAS are the following:
Château de Béthusy
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00, Fax: +41 21 613 50 01
[email protected], www.tas-cas.org
For the
Dispute Resolution Chamber:
Dr. Urs Linsi
General Secretary
Encl.
CAS directives
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Player A/ Club B