Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 17 August 2012,
in the following composition:
Geoff Thompson (England), Chairman
Rinaldo Martorelli (Brazil), member
Jon Newman (USA), member
Zola Percival Majavu (South Africa), member
Theodoros Giannikos (Greece), member
on the claim presented by the player,
A,
as Claimant
against the club,
X,
as Respondent
regarding an employment-related dispute arisen between the parties
I.
Facts of the case
1.
The country T player, A (hereinafter: player or Claimant A), and the country I
club, X (hereinafter: club or Respondent X), signed an employment contract,
which bears no date of signature and was valid “from 14 November 2008 until 6
August 2011 for 30 months”.
2.
In accordance with said contract the player was to receive the total amount of $
300,000 within 30 months as follows: $ 60,000 in the first season; 120,000
“dollars” in the second season; 120,000 “dollars” in the third season.
3.
According to the Football Federation I, the duration of the relevant seasons was
as follows:
a.
2008-09: from 4 August 2008 until 26 May 2009
b.
2009-10: from 6 August 2009 until 14 May 2010
c.
2010-11: from 29 July 2010 until 20 May 2011
4.
On 20 September 2010, the player lodged a claim against the club in front of
FIFA, in which he asked to be awarded payment of the amount of $ 120,000
relating to the 2010-11 season.
5.
The player explained that the club still owes him the total amount of $ 91,000
relating to the 2008-09 and 2009-10 seasons, which was confirmed by the
disciplinary committee of the football council of the country I.
6.
In this respect, the player presented a copy of his petition in front of the national
deciding body dated 5 July 2010, in accordance with which he asked for payment
of part of the 2008-09 season and 55% of the 2009-10 season, as well as of the
decision passed by said Committee on 28 August 2010, in accordance with which
the club had to pay 91,000,000 to the player, who was, in addition, considered to
be a free player.
7.
In addition, the player submitted that, in July 2010, he returned to country I to
join the club’s training.
8.
He alleged having been expelled from his apartment, as the club had ceased to
pay the rent and that the coach had told him that he was no longer counting on
his services for the new season.
9.
The player left country I by the end of August 2010.
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10.
For these reasons, the player asked that the employment contract be considered
terminated and that the club be ordered to pay the amount of $ 120,000 relating
to the 2010-11 season.
11.
In reply to the claim, the club pointed out that the player already received 45%
of the total contractual amount.
12.
Furthermore, the club indicated that following the team’s relegation from the
premier league to a lower category, 40% of the total amount was deducted for
all players.
13.
The club further submitted that, in August 2010 when the club did not have a
stable management, the player complained to the Football Federation I
disciplinary committee and left country I without the club’s knowledge.
14.
Finally, the club alleged that in spite of its efforts to have the player return to the
club, he never returned.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred to as
Chamber or DRC) 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 20 September 2010. Consequently, the Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber (edition 2008;
hereinafter: Procedural Rules) are applicable to the matter at hand (cf. article 21
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 2010) 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 player and a 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
(editions 2010 and 2009), and considering that the present claim was lodged on
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10 September 2010, the 2009 edition of said regulations (hereinafter:
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. In this
respect, the Chamber acknowledged that the Claimant and the Respondent
signed an employment contract valid during 30 months and expiring on 6 August
2011. In accordance with the employment contract, the Claimant was entitled to
receive the total amount of USD 120,000 for the third season of the contractual
relationship.
5.
The members of the Chamber then turned to the claim of the Claimant, who
maintained that the Respondent had acted in breach of the employment
contract. Consequently, the Claimant asked that the employment contract be
considered terminated and that the Respondent be instructed to pay the amount
of USD 120,000 relating to the third season of the contractual relationship.
6.
The Chamber took into account that, on 5 July 2010, the Claimant had lodged a
complaint against the Respondent in front of a country I deciding body relating
to outstanding remuneration in connection with the first two seasons of the
contractual relationship.
7.
It was duly noted that in accordance with the relevant decision passed by the
disciplinary committee of the football council of country I on 28 August 2010, the
club was ordered to pay the outstanding remuneration to the player and the
Claimant was considered to be a “free player”.
8.
The Respondent, for its part, rejected the Claimant’s claim and highlighted that
the Claimant had lodged a claim in front of the country I deciding body and left
country I definitively without its knowledge, in August 2010.
9.
Taking into account all the above circumstances, in particular, the decision passed
by the country I deciding body in August 2010 in accordance with which the
player was considered to be a “free player”, the members of the Chamber came
to the unanimous conclusion that the Claimant was, in fact, no longer
contractually bound to the Respondent for the season on which the player has
based his claim, i.e. the third season.
10.
The Chamber further highlighted that the Claimant appears to have accepted
that he was no longer contractually bound to the Respondent and was a “free
player”, as he had definitively left country I in August 2010.
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11.
Consequently, the employment contract having come to an end in August 2010,
the Chamber concurred that the Claimant has no legal basis for his claim relating
to the 2010-11 season.
12.
For these reasons, the Chamber decided to reject the claim of the Claimant.
III.
Decision of the Dispute Resolution Chamber
The claim of the Claimant, A, is rejected.
*****
Note relating to the motivated decision (legal remedy):
According to art. 67 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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