Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 13 December 2013,
by Theo van Seggelen (the Netherlands), DRC judge,
on the claim presented by the player,
D, from country B
as Claimant
against the club,
Club A, from country C
as Respondent
regarding an employment-related dispute arisen between the parties
I.
Facts of the case
1.
On 1 September 2011, the player, D from country B (hereinafter: the Claimant),
and the country C club, club A (hereinafter: the Respondent), signed an
employment contract (hereinafter: the contract) valid as from the date of its
signature until 31 May 2012.
2.
According to the contract, the Claimant was to be remunerated with a
monthly salary of EUR 4,000, payable as of the “31st of September 2011”.
3.
On 26 June 2013, the Claimant lodged a claim before FIFA, claiming the
amount of EUR 20,000 plus interests at a rate of 5% p.a., as well as the
reimbursement of legal expenses, indicating that the Respondent never paid
him the salary for the months of January, February, March, April and May of
the year 2012, amounting to EUR 20,000 as agreed upon in the contract.
4.
On 10 August 2013, the Respondent stated in its reply to the claim of the
Claimant that, according to its financial records, no salary is due to the
Claimant.
II.
Considerations of the DRC judge
1.
First of all, the Dispute Resolution Chamber (DRC) judge (hereinafter also
referred to as 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 26 June 2013. Consequently, the 2012 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. 1 and par. 2 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 par. 1 and 2 of the Procedural
Rules and confirmed that in accordance with art. 24 par. 1 and 2 in
combination with art. 22 lit. b) of the Regulations on the Status and Transfer
of Players (edition 2012), he is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international
dimension between a player and a 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 2 of the Regulations on the Status and
Transfer of Players (edition 2012), and considering that the present matter was
submitted to FIFA on 26 June 2013, the 2012 edition of the aforementioned
regulations (hereinafter: the Regulations) is applicable to the matter at hand
as to the substance.
4.
The competence of the DRC judge and the applicable regulations having been
established, and entering into the substance of the matter, the DRC judge
Player D, from country B / Club A, from country C
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started by acknowledging the above-mentioned facts as well as the
documentation contained in the file.
5.
First of all, the DRC judge acknowledged that, on 1 September 2011, the
Claimant and the Respondent had concluded an employment contract valid as
from 1 September 2011 until 31 May 2012. As to the financial terms of said
employment contract, the Chamber took note that it had been agreed upon
between the parties that the Respondent would remunerate the Claimant with
a monthly salary of EUR 4,000 as from “31 September 2011” until the whole
amount is paid.
6.
The DRC judge further observed that the Claimant lodged a claim in front of
FIFA against the Respondent seeking payment of the amount of EUR 20,000
corresponding to his alleged outstanding remuneration, asserting that the
Respondent had not fulfilled its contractual obligations towards him. More
specifically, the Claimant indicated that the Respondent had not paid him his
salaries for the months of January, February, March, April and May 2012.
7.
Furthermore, the DRC judge observed that the Respondent stated that,
according to its financial records, no salary is due to the player.
8.
In this respect, the DRC judge recalled the basic principle of the burden of
proof, as stipulated in art. 12 par. 3 of the Procedural Rules, according to
which a party claiming a right on the basis of an alleged fact shall carry the
burden of proof.
9.
In relation to the preceding paragraph, the DRC judge noted that the
Respondent did not substantiate its defence, as it did not present any
documentary evidence that it had indeed paid the player all his salaries.
10.
In this respect, the DRC judge concluded that the Respondent had failed to pay
the Claimant the relevant amount and concurred that the Respondent must
fulfill its obligations as per employment contract in accordance with the
general legal principle of “pacta sunt servanda”. Consequently, the DRC judge
decided that the Respondent is liable to pay to the Claimant the amount of
EUR 20,000, consisting of five monthly salaries of EUR 4,000 each,
corresponding to the months of January, February, March, April and May 2012.
11.
In addition, taking into consideration the Claimant’s request as well as the
constant practice of the Dispute Resolution Chamber in this regard, the DRC judge
decided to award the Claimant interest at the rate of 5% p.a. on the outstanding
amount of EUR 20,000 as of 26 June 2013 until the date of effective payment.
12.
Furthermore, the DRC judge decided to reject the Claimant’s claim for “legal
expenses” in accordance with art. 18 par. 4 of the Procedural Rules, which
Player D, from country B / Club A, from country C
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stipulates that in proceedings of the DRC no procedural compensation shall be
awarded.
13.
The DRC judge concluded his deliberations in the present matter by
establishing that any further claim lodged by the Claimant is rejected.
*****
III.
Decision of the DRC judge
1.
The claim of the Claimant, D, is partially accepted.
2.
The Respondent, Club A, has to pay to the Claimant, within 30 days as from
the date of notification of this decision, the amount of EUR 20,000 plus 5%
interest p.a. on said amount as from 26 June 2013 until the date of effective
payment.
3.
In the event that the aforementioned sum plus interest is not paid 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.
Any further claim lodged by the Claimant is rejected.
5.
The Claimant is directed to inform the Respondent immediately and directly of
the account number to which the remittances are to be made and to notify the
DRC judge of every payment received.
Player D, from country B / Club A, from country C
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*****
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 directives
Player D, from country B / Club A, from country C
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