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,
P,
as Claimant
against the club,
A,
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the case
1.
On 12 August 2008, the player, P (hereinafter: player or Claimant) and the club, A
(hereinafter: club or Respondent) signed an employment contract valid as from the
day of the signature until 31 May 2009.
2.
In accordance with this employment contract, the player was entitled to receive
inter alia the total net amount of EUR 15,000 in ten monthly equal instalments of
EUR 1,500 each as of 30 August 2008.
3.
In accordance with the “supplementary agreement” signed by and between the
player and the club on 13 August 2008, the player was entitled to receive the
additional net amount of EUR 35,000 payable in ten monthly equal instalments of
EUR 3,500 each as from 30 August 2008.
4.
On 9 June 2009, the player lodged a claim against the club in front of FIFA
maintaining that he had fully complied with his contractual obligations until the
end of the season, whereas the club had failed to pay his salaries in the total
amount of EUR 31,000. This amount includes EUR 1,000 relating to his salary for
November 2008 and EUR 30,000 for six monthly salaries of EUR 5,000 each as from
December 2008 until May 2009.
5.
Therefore, the player asks that the club be ordered to pay the total amount of EUR
31,000, plus interest and reimbursement of his legal fees relating to this matter.
6.
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 9 June 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)
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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 9 June 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 the Claimant and the Respondent signed an
employment contract on 12 August 2008 and, on 13 August 2008, 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 the
total monthly remuneration of EUR 5,000 during 10 months as from 30 August 2008.
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 31,000, which amount includes EUR 1,000
relating to his salary for November 2008 and EUR 30,000 representing monthly
salaries of EUR 5,000 each as from December 2008 until May 2009. Consequently,
the Claimant inter alia asks to be awarded payment of the amount of EUR 31,000,
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 5,000 on a monthly basis
during 10 months as from 30 August 2008.
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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 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 salaries in the total amount
of EUR 31,000.
11.
Consequently, the Chamber decided that the Respondent, A, in accordance with the
general legal principle of pacta sunt servanda, is liable to pay to the Claimant, P,
outstanding salaries in the total amount of EUR 31,000.
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 as of the day following the day on which such salaries
had fallen due.
13.
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.
14.
The Dispute Resolution Chamber concluded its deliberations in the present matter
by establishing that any further claims lodged by the Claimant are rejected.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, P, 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, the amount of EUR 31,000, plus interest at the rate of
5% p.a. as follows:
5% p.a. as of 1 December 2008 on the amount of EUR 1,000;
5% p.a. as of 1 January 2009 on the amount of EUR 5,000;
5% p.a. as of 1 February 2009 on the amount of EUR 5,000;
5% p.a. as of 1 March 2009 on the amount of EUR 5,000;
5% p.a. as of 1 April 2009 on the amount of EUR 5,000;
5% p.a. as of 1 May 2009 on the amount of EUR 5,000;
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5% p.a. as of 1 June 2009 on the amount of EUR 5,000.
3.
In the event that the aforementioned amount 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 request filed by the Claimant is rejected.
5.
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
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