Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 25 August 2006,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Carlos Soto (Chile), member
Michele Colucci (Italy), member
Mario Gallavotti (Italy), member
Mohamed Mecherara (Algeria), member
on the claim presented by the player
C., X,
represented by A, attorney-at-law,
as Claimant,
against the club
N., Z,
as Respondent,
regarding a contractual dispute arisen between the parties.
I.
Facts of the case
1.
The player C. and club N. concluded an employment contract for the period
from 1 February 2005 until 30 November 2005. In accordance with the model
employment contract of the Z Football Association, the player was to receive
ten monthly salary payments of USD 15,000 each. In addition, the club agreed
to pay various match bonuses and cover the cost of three flights.
2.
In an additional contract that was signed at the same time and was based on
the original contract, the parties revised the arrangements for the payment of
the player’s monthly salary as follows:
1. Signing-on fee
3.
USD
60,000
2. 10 monthly salary payments of each USD 9,000 USD
90,000
USD
150,000
In addition to these amounts, the parties agreed that a payment of USD 10,000
would be made after the signing of the additional contract and also an extra
monthly salary of USD 9,000 would be paid for the month of February 2005.
4.
On 18 July 2005, the player contacted FIFA for the first time to report that he
had not received his salary for the previous three months and he was owed
bonuses for an amount of USD 7,000 as well as a combined amount of USD
5,000 for two flight tickets. The player was therefore claiming USD 39,000 in total.
5.
On 25 July 2005, the player contacted FIFA again to report that the club had
informed him 30 days earlier that it wished to terminate his contract and that he
should no longer attend training.
6.
Following FIFA’s intervention, the club informed on 2 August 2005 that it had
held several meetings with the player to negotiate the premature termination
of his contract. It added that the parties had reached the agreement that the
club would pay the salaries, bonuses to the player and reimburse him for the
flight tickets.
7.
On 3 August 2005, the player again requested to be released from his
employment contract and issued a claim for the following amounts:
1. 4 monthly salary payments of USD 9,000 each
USD
36,000
2. Bonuses
USD
7,000
Player C., X / Club N., Z
2
8.
3. 4 flight tickets
USD
10,000
4. 4 monthly salaries as compensation
USD
36,000
USD
89,000
On 12 August 2005, the player was asked if any agreement had been reached
between the parties.
9.
On 29 August 2005, the player contested the fact that there had been a
financial agreement and requested that the present procedure continues,
adding that the club had not submitted any documents to substantiate its
statement from 2 August 2005. By this time, the player was owed five monthly
salaries. He said that in cases of this nature, where there was a fixed-term
contractual relationship, the party in breach of contract had an obligation to
honour all outstanding salary payments until the end of the contract. Moreover,
he had still not received his signing-on fee of USD 60,000. The player thus
amended his legal claim again and lodged a claim for the following:
10.
1. 8 monthly salary payments of USD 9,000 each
USD
72,000
2. Signing-on fee
USD
60,000
3. Bonuses
USD
7,000
4. 2 flight tickets
USD
5,000
USD
144,000
Despite repeated requests from FIFA, the club has not responded to the
player’s new financial claim.
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 18 July 2005,
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
Player C., X / Club N., Z
3
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 connection 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 Z club and an Xan player regarding
a contractual dispute in connection with an employment contract.
4.
Subsequently, the members of the Chamber analysed 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 1 February 2005 and
the claim was lodged at FIFA on 18 July 2005. In view of the aforementioned,
the Chamber concluded that the current FIFA Regulations for the Status and
Transfer of Players (edition 2005, hereafter: 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 that the player and the club signed a
valid employment contract for one season. According to the additional
agreement signed on the same day as the employment contract, the parties
agreed a sign-on fee in the amount of USD 60,000 and 10 monthly salaries in the
amount of USD 9,000 each salary.
6.
In the case at hand, the player alleged that he received a letter from the club
wishing the dissolution of the contract and that the player should not
participate anymore at the training sessions. The Chamber took note that
therefore, the player claims the sign-on fee in the amount of USD 60,000, four
outstanding monthly salaries in an amount of USD 36,000, four monthly salaries
as compensation for breach of contract in the amount of USD 36,000,
outstanding bonuses in the amount of USD 7,000 and two return flight tickets Z –
X in the amount of USD 5,000.
Player C., X / Club N., Z
4
7.
The Chamber observed that the club N. answered on 2 August 2005 that the
parties were in negotiations in order to dissolve the contract and that it
reached an agreement with the player. However, the Chamber took note that
the player contested that the parties reached an agreement. The Chamber
observed that the club N. never took position with reference to the substance
of the dispute after the player contested the conclusion of an amicable
settlement, despite having been asked to do so by FIFA on several occasions.
8.
Furthermore, the Chamber pointed out that no reply having been received
from the club N. to the claim, the case shall be decided only on the basis of the
facts and evidences presented during this procedure.
9.
In this respect, by failing to present a response to the player’s claim, the
Chamber underlined that N. renounces to its right to defence.
10.
The Chamber also noted that in its letter dated 2 August 2005, the club affirmed
that it will pay the salaries, bonuses and flight tickets of the player. Therefore,
the Chamber concurred that the club is liable to pay the outstanding salaries
(April, May, June, July 2005 = USD 36,000) and the sign-on fee in the amount of
USD 60,000 as stipulated in the additional agreement signed in February 2005.
11.
Subsequently,
the
Chamber
turned
to
the
question
of
the
claimed
reimbursement of two return tickets to X. The Chamber acknowledged that on
the one hand, the club did not contest this part of the claim and that on the
other hand, the employment contract stipulated that the player has the right to
two return plane tickets Z – X. Therefore, the player is entitled to receive the
claimed amount of USD 5,000.
12.
So far the player claimed bonuses in the amount of USD 7,000, the Chamber
observed that the player did not provide FIFA with any evidence and that the
employment contract only generally stipulated winning and draw bonuses.
Therefore, the Chamber concluded that the player did not elucidate sufficiently
his right to claim bonuses. Therefore, the Chamber decided to reject this claim.
13.
Having taken into consideration that the club did not pay four monthly salaries
(April, May, June, July 2005) and that it omitted to pay the sign-on fee, the
members of the Chamber unanimously concluded that by stopping to pay the
player’s salary and trying to dissolve the contract, the club had breached the
relevant employment contract without valid reasons. As a result, the Chamber
Player C., X / Club N., Z
5
established that the club is liable to pay compensation to the player for the
breach of the contract.
14.
In continuation, the Chamber referred to the amount of compensation to
which the player should be entitled to for the unjustified breach of the
employment contract. To that regard, the Chamber considered the remaining
duration of the contract at the time of its breach and the financial terms of the
contract.
Therefore, the Chamber decided that the club has to pay the
amount of USD 36,000 to the player.
15.
Consequently, having thus analysed the various aspects of the player’s claim,
the Dispute Resolution Chamber concluded its deliberations by announcing
that the player’s claims were partially accepted.
16.
Taking into account all of the above, the Dispute Resolution Chamber decided
that N. must pay the amount of USD 137,000 (USD 60,000 corresponding to the
sign-on fee, USD 36,000 corresponding to four outstanding monthly salaries, USD
5,000 for two return flight tickets Z – X and USD 36,000 as compensation for
breach of contract) to the player C.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the player C. is partially accepted.
2.
N. has to pay the amount of USD 137,000 to the player C. within the next 30
days as from the date of notification of this decision.
3.
Any further financial claim lodged by the player C. is rejected.
4.
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 expiring of the fixed
time limit and the present matter shall be submitted to FIFA’s Disciplinary
Committee, so that the necessary disciplinary sanctions may be imposed.
5.
The player C. is instructed to inform N. 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.
Player C., X / Club N., Z
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6.
According to art. 61 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:
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
Player C., X / Club N., Z
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