Labour Disputes
Texto da decisão
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 10 August 2011,
in the following composition:
Geoff Thompson (England), Chairman
Philippe Piat (France), member
Jon Newman (USA), member
Theodoros Giannikos (Greece), member
Thilina Panditarate (Sri Lanka), member
on the claim presented by the player,
S,
as Claimant
against the club,
P,
as Respondent
regarding an employment-related dispute
arisen between the parties
I.
Facts of the case
1.
On 1 June 2008, the club, P (hereinafter: the Respondent), and the player, S (hereinafter: the
Claimant), concluded an employment contract (hereinafter: the contract) valid from 1
August 2008 until 31 May 2009.
2.
According to clause 3 of the contract, the remuneration of the Claimant for his services was
as follows:
a. EUR 40,000 net, payable in ten monthly instalments of EUR 4,000 each, as from
31 August 2008 until 31 May 2009;
b. EUR 15,000 due on 10 July 2008;
c. EUR 20,000 payable in four equal instalments of EUR 5,000, due on 15 August,
15 September, 15 October and 15 November 2008.
3.
Furthermore, according to clauses 5.1., 5.2., 5.3., 5.4. and 5.6. of the contract, the following
bonuses and terms have been agreed between the parties:
a. The Respondent „shall make the following available to the [Claimant]:
i. a suitable and comfortable furnished accommodation for the use of the
[Claimant]. The [Respondent] shall be responsible for covering the rental
and taxation costs for the accommodation and the [Claimant] shall be
responsible to cover telephone, electrical and other costs of consumables
related to the accommodation;
ii. A suitable car for the use of the [Claimant]. The [Claimant] shall be
responsible for fuel costs related to the car as well as maintenance costs”;
b. EUR 1,000 for every goal the Claimant scores in the Championship;
c. EUR 500 for every win of the Respondent;
d. EUR 30,000 if the Respondent is not relegated from the First Division;
e. Two family return air tickets for the trip B-L-B.
4.
On 2 September 2009, before lodging a claim in front of FIFA and after allegedly having
complied with all the obligations according to the contract, the Claimant contacted the
Respondent via e-mail in order to collect outstanding payments. In this respect, he provided
FIFA with the following exchange of e-mails:
The Claimant requested the Respondent to pay the outstanding amount of EUR 8,900,
within eight days. Furthermore, the Respondent was informed that in case of non-payment,
the Claimant would additionally claim the sum of EUR 8,000 which was agreed in the
contract but not paid to the Claimant in summer 2008. Apparently, this amount was denied
by the Respondent since the Claimant arrived late at a training session. According to the
Claimant, he was late since one of the Respondent´s managers wanted to meet him.
However, the manager allegedly never showed up and the Claimant arrived late at the
training session.
The Respondent answered that the parties agreed to deduct EUR 410 per month since the
Respondent could not afford the house chosen by the Claimant. Furthermore, the
Respondent stated that it had to pay the reparation of the Claimant´s car.
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On 24 September 2009, the Claimant responded that no deduction was agreed.
Furthermore, he stated that the Respondent took part in the selection of the apartment and
added that he never caused damages to the car.
5.
On 29 October 2009, the Claimant lodged a claim against the Respondent in front of the
Dispute Resolution Chamber claiming EUR 16,900 as set out below:
a.
b.
c.
d.
EUR 5,000 as the Claimant scored five goals during the championship;
EUR 3,500 as the team won seven matches;
EUR 8,000 as agreed in the contract;
EUR 400 corresponding to one air ticket.
Furthermore, the Claimant stated that a fine of EUR 8,000 for being late was
disproportionate.
6.
Despite having been invited to do so, the Respondent did not provide FIFA with its
comments.
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II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter: the DRC or the Chamber) analysed
whether it was competent to deal with the matter at hand. In this respect, it referred to
art. 21 par. 2 and 3 of the Rules Governing the Procedures of the Player´s Status Committee
and the Dispute Resolution Chamber (edition 2008). The present matter was submitted to
FIFA on 29 October 2009. Consequently, the DRC concluded that the edition 2008 of the
Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand.
2.
With regard to the competence of the Chamber, art. 3 par. 1 of the Procedural Rules states
that the Dispute Resolution Chamber shall examine its jurisdiction in the light of articles 22
to 24 of the Regulations on the Status and Transfer of Players (edition 2010). In accordance
with articles 24 par. 1 and 22 b) of said Regulations, the Dispute Resolution Chamber is
competent to decide on the present litigation with an international dimension concerning
an employment-related dispute between a player and a club.
3.
In continuation, the Chamber analysed which edition of the Regulations on the Status and
Transfer of Players 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 2010), and considering that the present claim was lodged in
front of FIFA on 29 October 2009, the edition 2009 of the Regulations on the Status and
Transfer of Players (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 and started by acknowledging that
the parties to the dispute had signed an employment contract, which was valid from
1 August 2008 until 31 May 2009.
5.
In line with the above, the Dispute Resolution Chamber noted that the contract established
a total remuneration of EUR 75,000, as well as the following bonuses: EUR 1,000 for every
goal the Claimant scores in the championship C and EUR 500 for every win of the
Respondent. Furthermore, the contract provided for two return air tickets B-L-B.
6.
Subsequently, the Chamber took into consideration that based on the documentation
provided by the Claimant, the latter had put the Respondent in default on 2 September
2009, i.e. before lodging a claim in front of FIFA.
7.
In continuation, the members of the Chamber took note of the Claimant´s statement
according to which the Respondent failed to pay him his salaries in the total amount of
EUR 8,000. According to the Claimant, the Respondent retained this amount, since the
Claimant arrived late at a training session. In this respect, the DRC took into account that
the Claimant considered the fine to be disproportionate. In addition, the Claimant claimed
outstanding bonus payments in the total amount of EUR 8,500, which includes EUR 5,000
relating to five goals the Claimant scored during the championship and EUR 3,500
corresponding to seven matches the Respondent won. Equally, the Chamber noted that the
Claimant also requested the amount of EUR 400 for one air ticket.
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8.
The DRC observed that the Respondent, for its part, failed to present its response to the
claim of the Claimant, 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.
9.
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.
10.
In continuation, the DRC acknowledged that no documentary evidence regarding the
imposition of a fine was provided. However, taking into account the Claimant´s salary, the
members of the Chamber deemed it appropriate to underline that even if the Respondent
had provided such evidence, the fine would have been disproportionate.
11.
Taking into account all of the above, the members established that the Respondent failed to
remit the Claimant´s salary in the amount of EUR 8,000, as well as bonuses amounting to
EUR 8,500 and EUR 400 for an air ticket.
12.
Thus, the Dispute Resolution Chamber held that, in accordance with the general legal
principle of pacta sunt servanda, the Respondent must fulfil its obligations as per the
employment contract concluded with the Claimant and, consequently, pay to the Claimant
the total outstanding amount of EUR 16,900.
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III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, S, is accepted.
2.
The Respondent, P, has to pay to the Claimant, S, within 30 days as from the date of
notification of this decision, the amount of EUR 16,900.
3.
If the aforementioned amount is not paid within the above-mentioned deadline, interest at
the rate of 5% per year will apply as of expiry of the stipulated time limit and the present
matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for its
consideration and a formal decision.
4.
The Claimant, S, is directed to inform the Respondent, 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.
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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 Dispute Resolution Chamber
Jérôme Valcke
Secretary General
Encl. CAS directives
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