Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 9 May 2011,
by Mr Theo van Seggelen (Netherlands), DRC judge,
on the claim presented by the player,
A,
as Claimant
against the club,
FC P,
as Respondent
regarding an employment-related dispute
between the parties
I.
Facts of the case
1.
On 1 June 2008, the player, A, (hereinafter: the Claimant), concluded an employment contract
(hereinafter: the contract) with the FC P, (hereinafter: the Respondent), valid from 1 June 2008
until 31 May 2010.
2.
According to the contract the Claimant was entitled to receive during the 2008/2009 season the
total amount of EUR 80,000 and during the 2009/2010 season the total amount of EUR 60,000,
payable in 10 instalments of EUR 6,000 each and starting on 31 July 2009.
3.
On 17 June 2010, the Claimant contacted FIFA arguing that the Respondent has failed to pay
him the last three salaries during the 2009/2010 season, i.e. the salaries for the months of
February, March and April 2010 each in the amount of EUR 6,000 as well as partially the salary
for January 2010 in the amount of EUR 2,000. As a result, the Claimant claims the outstanding
amount of EUR 20,000 plus interest.
4.
On 7 December 2010, the Respondent acknowledged its debt in the amount of EUR 20,000 and
proposed to pay the said amount to the Claimant in 10 equal instalments of EUR 2,000 each as
from 2 January 2011.
5.
On 22 December 2010, the Claimant refused the offer made by the Respondent and requested
a formal decision.
6.
The Respondent did not provide any further commentaries.
II.
Considerations of the DRC judge
1.
First of all, the 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 17 June 2010.
Consequently, the 2008 edition of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) are applicable
to the matter at hand (cf. art. 21 paras. 2 and 3 of the Procedural Rules).
2.
Subsequently, the DRC judge referred to art. 3 paras. 2 and 3 of the Procedural Rules and
confirmed that in accordance with art. 24 paras. 1 and 2 and art. 22 lit. b) of the Regulations on
the Status and Transfer of Players 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.
In particular, and in accordance with art. 24 par. 2 lit. i) of the Regulations on the Status and
Transfer of Players, the DRC judge confirmed that he may adjudicate in the present
employment-related dispute.
4.
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 paras. 1
and 2 of the Regulations on the Status and Transfer of Players, and considering that the
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present claim was lodged on 17 June 2010, the 2009 edition of the said regulations
(hereinafter: Regulations) is applicable to the matter at hand as to the substance.
5.
The competence of the DRC judge and the applicable regulations having been established, the
DRC judge entered into the substance of the matter. The DRC judge started by acknowledging
the facts of the case as well as the documentation contained in the file.
7.
In particular, the DRC judge acknowledged that the Claimant and the Respondent signed an
employment contract on 1 of June 2008 and valid as from 1 June 2008 until 31 May 2010 in
accordance with which the Claimant was entitled to receive for the 2008/2009 season the total
amount of EUR 80,000 and for the 2009/2010 season the total amount of EUR 60,000, payable
in 10 instalments of EUR 6,000 each and starting on 31 July 2009.
8.
The DRC judge noted that the player claims that the Respondent failed to pay him partially the
salary for January 2010 in the amount of EUR 2,000 as well as the last three salaries during the
2009/2010 season, i.e. the salaries for the months of February, March and April 2010 each in the
amount of EUR 6,000. Consequently, the DRC judge noted that the Claimant claims the total
outstanding amount of EUR 20,000 plus interest.
9.
In this context, the DRC judge took due note that the Respondent, for its part, acknowledged
its debt in the amount of EUR 20,000 and proposed to settle the matter by paying said amount
to the Claimant in 10 equal instalments of EUR 2,000 each as from 2 January 2011. Finally, the
decision-making body acknowledged that the Claimant refused the offer made by the
Respondent and requested a formal decision.
10.
In continuation, the DRC judge took note that the Respondent tried to solve the matter in an
amicable way and offered to pay the claimed amount of USD 20,000 in several instalments,
thus the amount in dispute remained uncontested.
11.
Yet, the DRC judge observed that the Claimant requested the payment of the mentioned
amount in one single instalment plus interest and that the Respondent proposed to pay the
amount in several instalments between January 2011 and October 2011.
12.
In view of all of the above, the DRC judge concluded that the due amount of USD 20,000
should be paid in two instalments in order to assure a proper solution to the present dispute
under consideration of the interest of both parties.
13.
As a result, the DRC judge decided that the Respondent must pay the amount of USD 20,000
plus interest to the Claimant.
III.
Decision of the DRC judge
1.
The claim of the Claimant, A, is accepted.
2.
The Respondent, FC P, has to pay to the Claimant, A, the amount of EUR 20,000 as follows:
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EUR 10,000 plus 5% interest as from 17 June 2010 until the effective date of payment within
30 days as from the date of notification of this decision
EUR 10,000 plus 5% interest as from 17 June 2010 until the effective date of payment within
60 days as from the date of notification of this decision
3.
If the Respondent fails to adhere to the above-mentioned payment plan, the immediate
payment of the entire sum will become due and, the present matter shall be submitted, upon
request, to FIFA’s Disciplinary Committee for its consideration and a formal decision.
4.
The Claimant, A, is directed to inform the Respondent, FC P, 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 DRC Judge
Jérôme Valcke
Secretary General
Encl. CAS directives
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