Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 17 August 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Jean-Marie Philips (Belgium), member
Zola Malvern Percival Majavu (South Africa), member
Rinaldo Martorelli (Brazil), member
Mick McGuire (England), member
on the claim presented by
the player, A, country X,
as Claimant
against
the club, B, country Y,
as Respondent
regarding a contractual dispute between the parties
I.
Facts of the case
1.
On 27 January 2004 the player A from the country X (hereinafter: the Claimant)
signed an employment contract with the club B from the country Y (hereinafter:
the Respondent), valid from the date of the signature until 31 May 2004.
According to this contract the Claimant was entitled to receive a remuneration
for his services to the total amount of USD 35’000. Furthermore, he was entitled
to receive bonuses according to the internal regulations of the Respondent and
other benefits
2.
On 6 January 2006 the Claimant lodged a claim against the Respondent at FIFA
requesting the amount of USD 35’000 for allegedly outstanding salaries for
February, March, April and May 2004, an unspecified amount of bonuses and
further benefits on the basis of the above-mentioned labour contract.
3.
The Respondent omitted to expose any position to the claim lodged by the
Claimant, despite having been invited to do so by FIFA on 18 April and 19 May
2006.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber had to analyze 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 6 January 2006, as a consequence the Chamber concluded
that the revised Rules Governing Procedures (edition 2005) to 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 the country X and a club
from the country Y regarding a dispute in connection with an employment
contract.
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4.
Subsequently, and entering into the substance of the matter, the Chamber
acknowledged that on 27 January 2004 the Claimant and the Respondent signed
an employment contract, valid from the date of the signature until 31 May 2004.
The Chamber also noted that according to the relevant employment contract at
the basis of the present dispute, the Respondent agreed to pay to the Claimant a
remuneration for his services to the total amount of USD 35’000, i.e. a monthly
salary amounting to USD 8’750, bonuses according to the internal regulations of
the Respondent and other benefits.
5.
In continuation, the Chamber acknowledged that the Claimant claims the
payment of the amount of USD 35’000, corresponding to the salaries for
February, March, April and May 2004, bonuses in line with the Respondent’s
internal regulations and other benefits.
6.
In this respect, the Chamber observed that the Respondent never took position
in the dispute, despite having been asked to do so by FIFA on several occasions
and underlined that in this way the Respondent renounced to its right to
defense and, thus, accepted the allegations of the Claimant.
7.
As a consequence, the Chamber concluded that the Claimant has not received
the salaries for February, March, April and May 2004 and that, therefore, the
amount of USD 35’000 remains outstanding.
8.
Finally, with regard to the requested bonuses and other benefits the Chamber
pointed out that the Claimant never specified the amount of bonuses and other
benefits. Furthermore, the Chamber asserted that the relevant internal
regulations, in line with which the bonuses should have been determined, were
not submitted and that, therefore, the player failed to provide FIFA with
adequate documentary evidence related to this claim. As a consequence, the
members of the Chamber agreed that the demands concerning bonuses and
other benefits cannot be taken into consideration.
9.
On account of the above, having thus analyzed the various aspects of the present
claim, the Chamber concluded its deliberations by announcing that the
Claimant’s claim was partially accepted.
10.
Taking into account all of the above, the Dispute Resolution Chamber decided
that the Respondent must pay the amount of USD 35’000 to the Claimant.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, A, is partially accepted.
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2.
The Respondent, B, has to pay the amount of USD 35’000 to the Claimant, A,
within 30 days as from the date of notification of this decision.
3.
In the event that the above-mentioned amount is not paid within the stated
deadline, an interest rate of 5% per year will apply as of expiry of the
aforementioned deadline and the present matter shall be submitted to FIFA’s
Disciplinary Committee, so that the necessary disciplinary sanctions may be
imposed.
4.
Any further claim of the Claimant, A, is rejected.
5.
The Claimant, A, is instructed to inform the Respondent, B, 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.
6.
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:
Urs Linsi
General Secretary
Encl.
CAS directives
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