Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 15 February 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), member
Philippe Piat (France), member
Philippe Diallo (France), member
Mohamed Mecherara (Algeria), member
on the claim presented by the player,
X, XX,
as “Claimant”
against the club,
Y, YY,
as “Respondent”
regarding a contractual dispute arisen between the parties involved.
I.
Facts of the case
1.
On 5 February 2007, the XXian player X (hereinafter: the Claimant) signed an
employment contract with the YYn club, Y (hereinafter: the Respondent) for the
period until 31 December 2007.
2.
A copy of the employment contract was remitted to the Dispute Resolution
Chamber.
3.
Under the terms of the contract, the Claimant was entitled to receive YY
CURRENCY 525,000,000 for the entire duration of the contract, 25% of this
amount to be paid within 30 days after the Claimant’s International Transfer
Certificate has been received and 75% to be paid as monthly salaries.
Furthermore, it had been agreed that the Respondent would pay the Claimant
match bonuses and “two-way home tickets”.
4.
On 17 September 2007, the Claimant submitted a claim against the Respondent
with FIFA. The Claimant maintained that, on 8 May 2007, the Respondent had
informed him to stop training with the club and to return back to his country
without, however, providing him with an official written notice of termination. In
addition, the Claimant alleged that the Respondent had paid him only three
salaries so far and had failed to pay him two flight tickets on the itinerary
Cameroun-Jakarta and Jakarta-Cameroun in the amount of YY CURRENCY
25,000,000 each.
5.
On account of the above, the Claimant requests the total amount of YY
CURRENCY 336,363,632 as follows:
- YY CURRENCY 286,363,632
- YY CURRENCY 50,000,000
6.
8 monthly salaries of YY
CURRENCY 35,795,454 each;
two flight tickets.
The Respondent was invited to provide its position. However, until to date, the
Respondent did not submit any position in this affair.
Player X, XX / Club Y, YY
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 17 September
2007, as a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) on matters pending before the decision making bodies
of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the 2005 edition of the Regulations
for the Status and Transfer of Players. In accordance with art. 24 par. 1 in
combination with art. 22 (b) of the aforementioned Regulations, the Dispute
Resolution Chamber shall adjudicate on employment-related disputes between a
club and a player that have an international dimension.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation involving a XXian player and a YYn club regarding
allegedly outstanding payments and compensation for breach of contract in
connection with an employment contract.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred, on the one hand,
to art. 26 par. 1 and 2 of the Regulations for the Status and Transfer of Players
(edition 2005) and, on the other hand, to the fact that the relevant contract at the
basis of the present dispute was signed on 5 February 2007 and the claim was
lodged at FIFA on 17 September 2007. In view of the aforementioned, the
Chamber concluded that the 2005 edition of the FIFA Regulations for the Status
and Transfer of Players (hereinafter; the Regulations) are applicable on the case at
hand as to the substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging the above-mentioned facts and
documentation contained in the file and took note that the Claimant and the
Respondent signed on 5 February 2007 an employment contract which was to be
valid until 31 December 2007.
Player X, XX / Club Y, YY
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6.
As regards the content of the employment contract, the members of the Chamber
observed that the Claimant was entitled to receive a global amount of YY
CURRENCY 525,000,000 of which 25%, i.e. YY CURRENCY 131,250,000, was to be
paid as a signing-on fee and the remainder of YY CURRENCY 393,750,000 to be
divided by the number of months of the contract, i.e. eleven months, and paid in
monthly salary payments.
7.
Subsequently, the members noted the Claimant’s allegations according to which,
on 8 May 2007, the Respondent had terminated the employment contract without
just cause without, however, providing him with an official termination letter.
8.
Moreover, the Chamber noted that the Claimant stated having received three
monthly salaries until the termination of the contract. Therefore, the Claimant
requests the remaining eight salaries until the agreed expiry date of the contract,
i.e. 31 December 2007, as well as the payment of YY CURRENCY 50,000,000
representing two flight tickets on the itinerary …………….
9.
Turning its attention to the Respondent, the members of the Chamber took note
of the fact that the Respondent never provided FIFA with its position as to the
substance in the present proceeding, despite having been asked by FIFA to do so.
10.
In continuation, the Chamber then stated that as a general principle of procedure
before the Dispute Resolution Chamber and according to art. 9 par. 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber, if a Respondent does not reply to the claim of the Claimant,
the case shall be decided by the Dispute Resolution Chamber in particular on the
basis of the documents on file, since with its conduct, the Respondent renounced
to its right to defence.
11.
Consequently and considering the documents on file, the Chamber concluded that
the Respondent, by failing to submit its position as to the substance in the present
procedure, admitted the accusation of the Claimant concerning the unilateral
breach of contract.
12.
As a result of the above, the Dispute Resolution Chamber stated that the
Respondent, as alleged by the Claimant, breached the contract without just cause
on 8 May 2007.
13.
In consequence, in application of art. 17 of the Regulations, the members had to
deliberate whether the Respondent is accountable for outstanding payments and
compensation towards the Claimant.
Player X, XX / Club Y, YY
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14.
As far as the responsibility of the Respondent for outstanding payments is
concerned, the Dispute Resolution Chamber stated that, as a general rule, the
Respondent has to pay to the Claimant the remuneration for the period of time
the latter rendered his services to the Respondent until the date the breach of
contract occurred. Taking into account the above, the Chamber held that as
explained by the Claimant, the Respondent had paid him three monthly salaries,
thus until the date the breach of contract occurred.
15.
In view of the above, the deciding authority concluded that the Respondent had
obviously paid all the Claimant’s salaries until the date the breach of contract
occured.
16.
Furthermore, the Chamber held that the Respondent must pay to the Claimant the
two flight tickets as provided for by the employment contract on the itinerary
Cameroun-Jakarta and Jakarta-Cameroun. In this respect, the members noted that
the relevant employment contract does not provide for any indications as regards
the value of the two flight tickets. On the other hand, the members of the
Chamber took note that the Claimant request the amount of YY CURRENCY
50,000,000 for the two flight tickets on the aforementioned itinerary. The
Claimant was, however, unable to provide documentary evidence to corroborate
his allegations as regards the value of the two flight tickets.
17.
In view of the above, the Chamber decided that the Claimant is entitled to receive
an amount of money corresponding to two flight tickets …………….in economy
class, the price of which is to be determined by FIFA’s travel agency.
18.
The price quoted by FIFA’s travel agency for two flight tickets is USD 5,026.
19.
In continuation, the Chamber had to verify and decide whether the Respondent is
accountable for compensation for breach of contract without just cause.
20.
In this respect, considering the objective criteria listed in art. 17 par. 1 of the
Regulations and in the light of the termination of the employment contract by the
Respondent without just cause, the Chamber decided that a compensation due to
the Claimant in the amount of YY CURRENCY 286,363,632 is adequate, taking in
particular into consideration the behaviour of the Respondent as well as the
remuneration due to the Claimant under the employment contract.
21.
In light of the above, the Dispute Resolution Chamber decided that the
Respondent has to pay to the Claimant the total amount of YY CURRENCY
286,363,632 as compensation and the amount of USD 5,026 for the flight tickets.
Player X, XX / Club Y, YY
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, player X, is partially accepted.
2.
The Respondent, club Y, has to pay the amount of YY CURRENCY 286,363,632 as
well as the amount of USD 5,026 to the Claimant, player X, within the next 30
days as from the date of notification of this decision.
3.
In the event that the due amount is not paid within the stated deadline, an
interest rate of 5% p.a. will apply as of expiring of the fixed time limit and the
present case shall be submitted to FIFA’s Disciplinary Committee, so that the
necessary disciplinary sanctions may be imposed.
4.
The Claimant, player X, is directed to inform the Respondent, club Y, immediately
of the account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
5.
According to art. 61 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 21 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:
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 Dispute Resolution Chamber:
Jérôme Valcke
Secretary General
Encl: CAS directives
Player X, XX / Club Y, YY
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