Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 28 September 2007,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), member
Philippe Piat (France), member
Philippe Diallo (France), member
Zola Majavu (South Africa), 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 4 March 2006, the XXese player X (hereinafter: the Claimant) signed an
employment contract with the YYn club, Y (hereinafter: the Respondent), for the
period until 31 August 2006.
2.
Under the terms of the contract, the Claimant was to receive UUU (YYn )
250,000,000 for the entire duration of the contract, 50% of this amount to be paid
in a single instalment and 50% to be divided by the number of months of the
contract (i.e. 6 months) and paid in monthly salary payments. Furthermore, it had
been agreed that the Respondent would pay the Claimant match bonuses, cover
the costs for his accommodation, food and transport and also arrange a residence
permit for him.
3.
On 7 July 2006, the Claimant submitted a claim against the Respondent with FIFA.
The Claimant stated that, on 12 April 2006, the Respondent had taken the
unilateral decision to terminate the contract by refusing to honour the terms of
that contract. The Claimant remitted a copy of the Respondent’s letter dated 12
April 2006 to the Dispute Resolution Chamber.
4.
The Claimant requested the payment of a total of UUU 223,166,666, comprising,
as explained by the Claimant, the following:
- UUU 104,166,666
- UUU 31,000,000
- UUU 48,000,000
- UUU 20,000,000
5 salary payments of UUU 20,833,333 each;
renewal of residence permit (2 months of visas, 1
plane ticket to Singapore, visa for Singapore,
immigration fee and commission);
accommodation, food and transport costs;
fax, telephone, miscellaneous expenses.
5.
The Football Association of YY, on behalf of its affiliated club, the Respondent,
requested an extension to the deadline for submitting a statement.
6.
Nevertheless, despite reminders from FIFA, the Respondent has not submitted any
statement expressing its position.
Player X, XX / Club Y, YY
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Chamber analysed whether it was competent to deal with the
matter at stake. In this respect, it referred to art. 18 par. 2 and 3 of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute
Resolution Chamber. The present matter was submitted to FIFA on 7 July 2006, as
a consequence the Chamber concluded that the revised Rules Governing
Procedures (edition 2005) on matters pending before the decision making bodies
of FIFA are applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the abovementioned Rules states that the Dispute Resolution Chamber shall examine its
jurisdiction in the light of articles 22 to 24 of the current version of the
Regulations for the Status and Transfer of Players (edition 2005). In accordance
with art. 24 par. 1 in combination with art. 22 (b) of the aforementioned
Regulations, the Dispute Resolution Chamber shall adjudicate on employmentrelated disputes between a club and a player that have an international
dimension.
3.
As a consequence, the Dispute Resolution Chamber is the competent body to
decide on the present litigation involving a player from XX and a YYn club
regarding allegedly outstanding payments and compensation for breach of
contract in connection with an employment contract.
4.
Subsequently, the members of the Chamber analyzed which edition of the
Regulations for the Status and Transfer of Players should be applicable as to the
substance of the matter. In this respect, the Chamber referred, on the one hand,
to art. 26 par. 1 and 2 of the Regulations for the Status and Transfer of Players
(edition 2005) and, on the other hand, to the fact that the relevant contract at the
basis of the present dispute was signed on 4 March 2006 and the claim was lodged
at FIFA on 7 July 2006. In view of the aforementioned, the Chamber concluded
that the current FIFA Regulations for the Status and Transfer of Players (edition
2005, hereinafter; the Regulations) are applicable on the case at hand as to the
substance.
5.
In continuation, and entering into the substance of the matter, the members of
the Chamber started by acknowledging the above-mentioned facts and
documentation contained in the file and took note that the Claimant and the
Respondent signed on 4 March 2006 an employment contract which was to be
valid until 31 August 2006.
Player X, XX / Club Y, YY
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6.
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 UUU
250,000,000 of which 50%, i.e. UUU 125,000,000, was to be paid as a signing-on
fee and the remainder of UUU 125,000,000 to be divided by the number of
months of the contract, i.e. six months, and paid in monthly salary payments.
7.
Subsequently, the members noted the Claimant’s allegations according to which
the Respondent had terminated the employment contract without just cause. In
order to corroborate his statements, the Claimant submitted a letter dated 12
April 2006 that he received from the Respondent. According to the Claimant, the
Respondent, by means of this letter, unilaterally decided to terminate the
contract.
8.
Moreover, the Chamber noted that the Claimant requests allegedly outstanding
five salary payments totalling to an amount of UUU 104,166,666. In addition, he
claims payment of costs that he maintains having incurred in connection with his
accommodation, residence permit, food, transport as well as for fax and
telephone.
9.
Turning its attention to the Respondent, the members of the Chamber took note
of the fact that, despite the Football Association of YY’s request for an extension
of the deadline for its affiliate to submit its position, 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.
10.
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 of defence.
11.
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.
12.
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
by means of its letter dated 12 April 2006.
Player X, XX / Club Y, YY
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13.
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.
14.
As far as the responsibility of the Respondent for outstanding payments is
concerned, the Dispute Resolution Chamber stated that 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. Thus,
the Respondent must pay the Claimant the amount of UUU 8,333,333 representing
the part of the monthly salary of April 2006.
15.
Concerning the claim related to accommodation, residence permit, food, transport
of fax and telephone, the Chamber concurred that this part of the Claimant’s
claim must be rejected due to the contents of the employment contract and
considering the relevant documents on file
16.
Moreover, the Chamber had to verify and decide whether the Respondent is
accountable for compensation for breach of contract without just cause.
17.
In this respect and considering the objective criteria listed in art. 17 par. 1 of the
Regulations, the Chamber decided that a compensation of UUU 95,833,333 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.
18.
In light of the above, the Dispute Resolution Chamber decided that the
Respondent has to pay to the Claimant the total amount of UUU 104,166,666.
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 UUU 104,166,666 to the
Claimant, player X, within the next 30 days as from the date of notification of
this decision.
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 shall be submitted to FIFA’s Disciplinary Committee, so that the necessary
disciplinary sanctions may be imposed.
Player X, XX / Club Y, YY
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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:
Markus Kattner
Deputy General Secretary
Encl: CAS directives
Player X, XX / Club Y, YY
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