Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber (DRC) judge
passed in Zurich, Switzerland, on 19 August 2010,
by Phillipe Diallo (France), DRC judge,
on the claim presented by the player,
F,
as Claimant
against the club,
A,
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 29 January 2009, the player, F (hereinafter: the player or Claimant), concluded an
employment contract (hereinafter: the contract) with the club, A (hereinafter: the
club or Respondent), valid from the date of signature until 30 May 2009 or after the
last game of the Championship 2008/2009 whichever is the latest.
2.
The contract provided for a net amount of EUR 12,000 payable in 4 instalments of
EUR 3,000 each as from 30 February 2009. Equally, the Respondent undertook to
provide the Claimant accommodation up to a price of EUR 450 per month as well as
the amount of EUR 1,500 for tickets for each season for the player.
3.
On 12 August 2009, the Claimant contacted FIFA arguing that he rendered his
services to the Respondent until the expiry of the contract and that the Respondent
should have paid him the amount of EUR 12,000 as salaries, the amount of EUR 1,800
for accommodation and the amount of EUR 1,500 for tickets. However, the
Respondent only paid him the amount of EUR 2,500.
4.
As a result, the Claimant deems that the Respondent has breached the contract
without just cause and requests the total amount of EUR 12,800.
5.
The FIFA administration contacted the Respondent requesting its position in relation
to the player’s claim, however the club did not submit its position.
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 12 August 2009. 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
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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 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 12 August 2009, the
2008 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.
6.
In particular, the DRC judge acknowledged that the Claimant and the Respondent
signed an employment contract on 29 January 2009 valid until 30 May 2009, a copy 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 net amount of
EUR 12,000 payable in 4 instalments as from 30 February 2009. In addition,
Respondent undertook to provide the Claimant accommodation up to a price of EUR
450 per month as well as the amount of EUR 1,500 for tickets for each season for the
player.
7.
The DRC judge noted that the player claims that the club failed to fulfil its
contractual obligations. In particular, the Claimant explained that the Respondent
should have paid him the amount of EUR 12,000 as salaries, the amount of EUR 1,800
for accommodation and the amount of EUR 1,500 for tickets. Nevertheless, the
Respondent only paid him the amount of EUR 2,500.
8.
Consequently, the Claimant asks to be awarded payment of the amount of EUR
12,800.
9.
The Respondent, 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 DRC judge, the
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Respondent renounced its right to defence and, thus, accepted the allegations of the
Claimant.
10.
Furthermore, as a consequence of the aforementioned consideration, the DRC judge
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.
11.
As stated above, in accordance with the contract presented by the Claimant, the
Respondent was obliged to pay to the Claimant a net amount of EUR 12,000 payable
in 4 instalments as from 30 February 2009, provide the Claimant accommodation up
to a price of EUR 450 per month as well as the amount of EUR 1,500 for tickets.
12.
Moreover, the DRC judge considered that the Claimant explained that he had
rendered his service to the club until the expiry of the contract, but that the
Respondent only paid him the amount of EUR 2,500.
13.
On account of all of the above, the DRC judge decided that the Respondent is liable
to pay to the Claimant the outstanding amount of salaries in the total amount of
EUR 12,800.
III.
Decision of the DRC judge
1.
The claim of the Claimant, F, is accepted.
2.
The Respondent, the club A, has to pay to the Claimant, F, the amount of EUR 12,800
within 30 days as from the date of notification of this decision.
3.
If the aforementioned sum is not paid within the above-mentioned deadline, an
interest rate of 5% per year will apply and the present matter shall be submitted,
upon request, to FIFA’s Disciplinary Committee for consideration and a formal
decision.
4.
The Claimant, F, is directed to inform the Respondent, A, immediately and directly of
the account number to which the remittance is to be made and to notify the DRC
judge of every payment received.
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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
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