Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 21 May 2010,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Joaquim Evangelista (Portugal), member
Johan van Gaalen (South Africa), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the player,
G,
as Claimant
against the club,
A,
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the case
1.
On 20 July 2008, the player, G (hereinafter: player or Claimant) and the club, A
(hereinafter: club or Respondent), signed an employment contract valid as from 1
June 2008 until 31 May 2010 as well as a “supplementary agreement”.
2.
In accordance with the employment contract, the player was entitled to receive for
the 2008-09 season inter alia the total net amount of EUR 20,000 in ten consecutive
monthly instalments of EUR 2,000 each as of 30 August 2008 as well as a monthly
accommodation allowance of EUR 600.
3.
In accordance with the “supplementary agreement”, the player was entitled to
receive for the 2008-09 season the additional net amount of EUR 50,000 payable as
follows: EUR 5,000 upon the signature of the agreement and EUR 45,000 in ten
equal monthly instalments of EUR 4,500 each as from 30 August 2008.
4.
On 24 July 2009, the player lodged a claim against the club in front of FIFA
maintaining that, on 23 April 2009, he was obliged to terminate the employment
contract as the club had failed to pay his salaries in the total amount of EUR 17,000.
This amount includes EUR 4,000 relating to the remuneration due for January 2009
and EUR 13,000 for the monthly salaries of EUR 6,500 each for February 2009 and
March 2009.
5.
In addition, according to the player, the club had failed to remit his monthly
accommodation allowance for the months of January 2009 to April 2009, totalling
EUR 2,400.
6.
Therefore, the player asks that the club be ordered to pay the total outstanding
salaries of EUR 17,000 and the amount of EUR 2,400 as outstanding accommodation
allowance.
7.
In addition, the player asks to be awarded payment of EUR 13,000 as compensation,
as he had remained without income during April and May 2009.
8.
Finally, the player asks for payment of interest on the aforementioned amounts as
well as reimbursement of his legal fees relating to this matter.
9.
In spite of having been invited by FIFA to do so, the club has not presented any
reply to the player’s claim.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber
or DRC) 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 24 July 2009.
Consequently, the Rules Governing the Procedures of the Players’ Status Committee
and the Dispute Resolution Chamber (edition 2008; hereinafter: Procedural Rules)
are applicable to the matter at hand (cf. article 21 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 2009) 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
2009), and considering that the present claim was lodged on 24 July 2009, the 2008
edition of the said regulations (hereinafter: 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. In this respect,
the Chamber acknowledged that, on 20 July 2008, the Claimant and the Respondent
signed an employment contract valid as from 1 June 2008 until 31 May 2010 as well
as a “supplementary agreement”, a copy of both of which was presented by the
Claimant along with his statement of claim, in accordance with which the player was
entitled to receive for the 2008-09 season the total monthly remuneration of EUR
6,500 during 10 months as from 30 August 2008 as well as a monthly
accommodation allowance of EUR 600.
5.
The members of the Chamber noted that the player claims that the club failed to
pay his salaries in the total amount of EUR 17,000, which amount includes EUR 4,000
relating to his salary for January 2009 and EUR 13,000 representing monthly salaries
of EUR 6,500 each for February 2009 and March 2009. In addition, the player claims
that the monthly accommodation allowance of EUR 600 had remained unpaid as
from January 2009 until April 2009. Consequently, the Claimant inter alia asks to be
awarded payment of outstanding remuneration and accommodation allowance of
EUR 19,400, plus interest.
6.
The club, for its part, failed to present its response to the claim of the player, in
spite of having been invited to do so. In this way, so the Chamber, the Respondent
renounced its right to defence and, thus, accepted the allegations of the Claimant.
7.
Furthermore, as a consequence of the aforementioned consideration, the Chamber
concurred that in accordance with art. 9 par. 3 of the Procedural Rules it shall take a
decision upon the basis of the documents already on file, in other words, upon the
statements and documents presented by the Claimant.
8.
As stated above, in accordance with the employment contract and the
“supplementary agreement” presented by the Claimant, the Respondent was
obliged to pay to the Claimant the total amount of EUR 6,500 as salary and EUR 600
as accommodation allowance on a monthly basis during 10 months as from 30
August 2008.
9.
Taking into account the documentation presented by the Claimant in support of his
petition, the Chamber concluded that the Claimant had substantiated his claim
pertaining to outstanding salaries and accommodation allowance with sufficient
documentary evidence.
10.
On account of the aforementioned considerations, the Chamber established that the
Respondent, A, failed to remit the Claimant’s monthly salary as from January 2009
until and including March 2009 and the monthly accommodation allowance as from
January 2009 until and including April 2009, totalling EUR 19,400.
11.
Therefore, the members of the Chamber decided that the Respondent, A must fulfill
its obligations as per the employment contract in accordance with the general legal
principle of pacta sunt servanda and, consequently, is liable to pay to the Claimant,
G, outstanding remuneration in the uncontested amount of EUR 19,400.
12.
In addition, taking into account the Claimant’s request as well as the constant
practice of the Dispute Resolution Chamber, the Chamber decided that the
Respondent must pay to the Claimant interest of 5% p.a. on each of the
outstanding monthly salaries and accommodation allowances as of the day
following the day on which such remuneration had fallen due.
13.
The Chamber then reverted to the petition of the Claimant to be awarded payment
of the amount of EUR 13,000, i.e. two months’ salary, as compensation, as he had
remained without income during April and May 2009.
14.
In the light of the considerations under numbers II./7. and II./10. above, the
Chamber established that the Respondent, A, had acted in breach of the
employment contract and that the Claimant had just cause to terminate the
employment contract on 23 April 2009.
15.
Having established that the Respondent is to be held responsible for the early
termination of the employment contract and that the club has acted in breach of its
contractual obligations, taking into consideration art. 17 par. 1 of the Regulations,
the Chamber decided that the player is entitled to receive an amount of money as
compensation in addition to any outstanding payments on the basis of the relevant
employment contract.
16.
The Chamber then turned to the player’s financial claim, which includes the amount
of EUR 13,000 relating to two months’ salary, i.e. April and May 2009, the period
during which, so the Claimant, he remained without income.
17.
In the light of the preceding consideration, the Chamber agreed that compensation
in the amount of EUR 13,000 is an acceptable and reasonable amount in the specific
case at hand.
18.
Consequently, the Chamber decided that the Respondent is liable to pay to the
Claimant compensation for breach of contract in the amount of EUR 13,000.
19.
Finally, the Dispute Resolution Chamber decided that the Claimant’s claim for legal
costs is rejected in accordance with art. 15 par. 3 of the Procedural Rules and the
Chamber’s respective longstanding jurisprudence.
20.
The Dispute Resolution Chamber concluded its deliberations in the present matter
by establishing that the Respondent has to pay to the Claimant the amounts of EUR
19,400 as outstanding remuneration and EUR 13,000 as compensation and that any
further claims lodged by the Claimant are rejected.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, G, is partially accepted.
2.
The Respondent, A, has to pay to the Claimant, within 30 days as from the date of
notification of this decision, outstanding remuneration amounting to EUR 19,400,
plus interest at the rate of 5% p.a. as follows:
5% p.a. as of 1 February 2009 on the amount of EUR 4,600;
5% p.a. as of 1 March 2009 on the amount of EUR 7,100;
5% p.a. as of 1 April 2009 on the amount of EUR 7,100;
5% p.a. as of 1 May 2009 on the amount of EUR 600.
3.
The Respondent, A, has to pay to the Claimant compensation for breach of contract
in the amount of EUR 13,000 within 30 days as from the date of notification of this
decision. In the event that this amount of compensation is not paid within the
stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the
stated time limit.
4.
In the event that the aforementioned amounts plus interest are 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.
5.
Any further request filed by the Claimant is rejected.
6.
The Claimant is directed to inform the Respondent immediately and directly of the
account number to which the remittance is to be made and to notify the Dispute
Resolution Chamber of every payment received.
*****
Note relating to the motivated decision (legal remedy):
According to art. 63 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 Dispute Resolution Chamber:
Markus Kattner
Deputy Secretary General
Encl.
CAS directives