Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 March 2008,
in the following composition:
Mr. Slim Aloulou (Tunisia), Chairman
Mr. Mario Gallavotti (Italy), Member
Mr. Essa M. Saleh Al-Housani (UAE), Member
Mr. Rinaldo Martorelli (Brazil), Member
Mr. Mick Mc Guire (England), Member
on the claim presented by the player
C
as “Claimant”
against the club
B
as “Respondent”
regarding a dispute on the basis of an
employment contract concluded between the parties
./…
I.
Facts of the case
1.
On 17 May 2005, the player C and the club B signed an employment contract valid
as from 1 July 2005 until 30 June 2006. Moreover, the cited employment contract
established an “exclusive” option in favour of the club to extend the validity of
the contract for one more season, i.e. 2006-2007.
2.
The point 3) of the aforementioned employment contract establishes a yearly
salary of USD 900,000 for each season payable in 12 monthly instalments of USD
75,000 starting on the 5th July 2005.
3.
On 23 January 2007, the player C requested the assistance of FIFA in order to claim
against B the payment of USD 270,000 composed by, unpaid salaries USD 250,000
and a lump sum agreed by the parties “ex aequo et bono” USD 20,000 for
covering costs and legal expenses.
4.
Moreover, the player C requested interests as from the date of the decision of the
Dispute Resolution Chamber and sporting sanctions to be imposed to the club B.
5.
The player C alleges that B breached the relevant employment contract and for
this reason he decided to not continue playing for this club after the summer of
2006, i.e. date of expiry of the relevant contract.
6.
On 1 July 2006, the player C signed a contract with his new club A valid until 31
May 2007.
7.
B, informed FIFA that during the labour relationship, they have paid to the player
C the total amount of USD 681,136.05 and therefore B only owed to the player C
the amount of USD 218,863.95. Besides, B offered a payment plan in 5 instalments
as from 30 September 2007 until 30 January 2008. Moreover, B refused to pay any
other amount as compensation.
8.
The player C informed FIFA that he accepts the payment of the total amount of
USD 218,863 as long as the club pay it by no later than 30 July 2007.
9.
B did not pay any amount to the player C.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber analysed whether it was competent to
deal with the case at hand. In this respect, it took note that the present matter
was submitted to FIFA on 23 January 2007. Consequently, the Rules Governing the
Player / Club
Page 2 of 5
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: Procedural Rules) are applicable to the matter at hand (cf. art. 18 par.
2 and 3 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the
Procedural Rules and confirmed that in accordance with art. 24 par. 1 in
combination with art. 22 lit. b of the Regulations on the Status and Transfer of
Players (edition 2008) the Dispute Resolution Chamber 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 Chamber analysed which regulations should be applicable as to
the substance of the matter. In this respect, it confirmed that in accordance with
art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players
(edition 2008), and considering that the present claim was lodged on 23 January
2007, the previous version of the regulations (edition 2005; hereinafter: the
Regulations) is applicable to the matter at hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter and started by
acknowledging that both parties signed an employment contract on 17 May 2005
valid until 30 June 2006.
5.
Moreover, the members of the Chamber took note that the Respondent
recognized to owe to the Claimant the amount of USD 218,863.95. In addition, the
members of the Chamber pointed out that the Claimant, during the process of the
present dispute, accepted the cited amount.
6.
Therefore, the members of the Chamber concluded that the amount of USD
218,863.95 is the outstanding salary that the Respondent owes to the Player, as
recognized by both parties.
7.
At this stage, the members of the Chamber took note that the Claimant alleged
that an amount of USD 20,000 was agreed with the Respondent for covering costs
and legal expenses. After an exhaustive analysis of all the documents at disposal,
the members of the Chamber came to the conclusion that the Claimant did not
provide with enough evidences to prove that the aforementioned lump sum was
agreed together with the Respondent, in accordance with the principle of burden
of proof.
8.
Furthermore and for the sake of good order, the members of the Chamber
underlined that based on its longstanding practice no legal expenses are
recognised.
Player / Club
Page 3 of 5
9.
Therefore, the members of the Chamber concluded that the Claimant is not
entitled to receive the requested payment of USD 20,000 as lump sum for covering
legal costs and expenses and consequently the relevant request is rejected.
10.
In view of all the above, the members of the Chamber decided that the
Respondent owed to the Claimant the amount of USD 218,863.95 as outstanding
salaries plus an interest of 5% per annum as from the date of this meeting, i.e. 28
March 2008.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, the player C, is partially accepted.
2.
The Respondent, Club B has to pay to the Claimant the amount of USD 218,863.95
plus a 5% interest p.a. as from 28 March 2008 within 30 days as from the date of
notification of this decision.
3.
In the event that the debt of the Respondent is not paid within the stated
deadline the file will be submitted to the Disciplinary Committee for its
consideration and decision.
4.
The Claimant is directed to inform the Respondent directly and 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
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:
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Player / Club
Page 4 of 5
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 / Club
Page 5 of 5