Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 7 May 2008,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Gerardo Movilla (Spain), member
Philippe Diallo (France), member
Ivan Gazidis (USA), 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 player or the Claimant)
signed an employment contract with the YYn club, Y (hereinafter: the club or 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 player was to receive CURRENCY IN Y
475,000,000 for the entire duration of the contract, 25% of this amount to be paid
30 days after the International Transfer Certificate of the player is received by the
club and 75% to be payable in monthly instalment. Furthermore, it had been
agreed that the club would pay the player match bonuses, two-way home flight
tickets once in a year, cover the costs for his accommodation, food and transport
and also arrange a residence permit for him.
4.
On 28 September 2007, the player submitted a claim against the YY club to FIFA.
The player said that, on 8 May 2007, the club had taken the unilateral decision to
terminate the contract by informing him to stop any activity with the club.
Moreover, the player maintains that the club did not provide with an official
written termination letter.
5.
The player explained to FIFA that according to the contract he was entitled to
receive the amount of CURRENCY IN Y 475,000,000 but he received only the
amount of CURRENCY IN Y 215,909,000, i.e. the amount of CURRENCY IN Y
118,750,000 as the 25% signing-on fee and three monthly salaries amounting to
CURRENCY IN Y 97,159,000.
6.
The player is claiming the amount of CURRENCY IN Y 309,091,000 from the club.
This amount comprises, according to the player’s breakdown, eight monthly
salaries amounting to CURRENCY IN Y 259,091,000 (8 x CURRENCY IN Y
32,386,364) as well as two flight tickets on the itinerary X and Y amounting to
CURRENCY IN Y 50,000,000 (2 x CURRENCY IN Y 25,000,000). Note: no
substantiating documents submitted with regard to the flight tickets.
7.
The YYn club failed to provide its statement to the claim of the player despite
having been invited to do so.
Player X, XX / Club Y, YY
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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 19 July 2006. Consequently, 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. 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 Cameroonian player and an YYn 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 19 July 2006,
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. The members
of the Chamber started by acknowledging that 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.
5.
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 CURRENCY
IN Y 475,000,000 of which 25%, i.e. CURRENCY IN Y 118,750,000, was to be paid as
a signing-on fee to be paid 30 days after the Claimant’s International Transfer
Certificate was received by the Respondent and the remainder of CURRENCY IN Y
356,250,000 to be divided by the number of months of the contract, i.e. eleven
months, and paid in monthly salary payments.
6.
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.
Player X, XX / Club Y, YY
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7.
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 amounting to CURRENCY IN Y 215,091.000
until the agreed expiry date of the contract, i.e. 31 December 2007, as well as the
payment of CURRENCY IN Y 50,000,000 representing two flight tickets on the
itinerary XX-YY and YY-XX.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
Player X, XX / Club Y, YY
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14.
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
occurred.
15.
Furthermore and due to the circumstances of the case at hand, the Chamber held
that the Respondent must pay to the Claimant one flight ticket as provided for by
the employment contract on the itinerary XX-YY and YY-XX. 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 ticket. On the other hand, the
members of the Chamber took note that the Claimant request the amount of
CURRENCY IN Y 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.
16.
In view of the above, the Chamber decided that the Claimant is entitled to receive
an amount of money corresponding to one flight ticket YY-XX in economy class,
the price of which is to be determined by FIFA’s travel agency.
17.
The price quoted by FIFA’s travel agency for two flight tickets is USD 2,513.
18.
In continuation, the Chamber had to verify and decide whether the Respondent is
accountable for compensation for breach of contract without just cause.
19.
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 CURRENCY IN Y 259,091,000 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.
20.
In light of the above, the Dispute Resolution Chamber decided that the
Respondent has to pay to the Claimant the total amount of CURRENCY IN Y
259,091,000 as compensation and the amount of USD 2,513 for the flight tickets.
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 CURRENCY IN Y 259,091,000 as
well as the amount of USD 2,513 to the Claimant, the player X, within the next
30 days as from the date of notification of this decision.
Player X, XX / Club Y, YY
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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, for consideration
and decision.
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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