Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 27 August 2009,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Mario Gallavotti (Italy), member
Theo Van Seggelen (Netherlands), member
on the claim presented by the player,
N,
as “Claimant”
against the club,
M,
as “Respondent”
regarding an employment-related contractual dispute arisen
between the player and the club.
I.
Fact of the case
1.
On 1 February 2008, the S player N and the B club M signed an employment
contract starting on 1 February 2008 and coming to its end on 30 June 2008.
2.
The aforementioned employment contract stipulates, inter alia, that the
player would receive the amount of EUR 8,000 as basic gross monthly salary.
3.
In accordance with an additional agreement dated 1 February 2008 signed by
both parties, the B club agreed to pay to the player at the end of the
contractual relationship the difference between the net paid salary for the
contractual period and the amount of EUR 50,000.
4.
On 14 November 2008, the player lodged a claim in front of FIFA against the
club in relation with the aforementioned employment contract and the
additional agreement, alleging that the total amount of EUR 23,741.71
remains outstanding.
5.
The player maintains having only received the amount EUR 26,258.29 from
M.
6.
In spite of having been invited to present its position on the player’s claim,
no reply has ever been received from the club M.
II.
Considerations of the Dispute Resolution Chamber
1.
First of all, the Dispute Resolution Chamber 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 14 November 2008. Consequently,
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 par. 1 and par. 2 of the Procedural Rules).
2.
Subsequently, the members of the Dispute Resolution Chamber (hereinafter
also referred as to “Chamber”) referred to art. 3 par. 1 of the Procedural Rules
and confirmed that in accordance with art. 24 par. 1 and par. 2 in combination
with art. 22 lit. b) of the Regulations on the Status and Transfer of Players
(edition 2008), the Chamber is competent to deal with the matter at stake,
which concerns an employment-related dispute with an international
dimension between a Serbian player and a B 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 (edition 2008), considering that the present claim was lodged on 14
November 2008 and that the contract at the basis of the present dispute was
signed on 1 February 2008, the 2008 edition of the 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. The
members of the Chamber firstly emphasized that the Respondent never took
position on the claim lodged against it by the Claimant, despite having been
invited to do so. Therefore, the Chamber underlined that, by doing so, the
Respondent renounced its right to defence and accepted the allegations of the
Claimant.
5.
Furthermore, the members of the Chamber referred to art. 9 par. 3 of the
Procedural Rules and pointed out that, in the absence of the Respondent’s
reply in the present matter, a decision shall be taken upon the basis of the
documents already on file.
6.
In this respect, and taking into consideration the documentation presented by
the Claimant, the Dispute Resolution Chamber started by acknowledging that,
on 1 February 2008, the parties in the dispute at stake concluded an
employment contract providing for a gross monthly salary of the amount of
EUR 8,000. The Chamber also took due note that, on the same day, the player
and the club signed an additional agreement, by means of which it was agreed
that the player was entitled to receive from the club the difference between
the net paid salary for the contractual period and the amount of EUR 50,000.
7.
Furthermore, the members of the Chamber took note that the Claimant
affirms having received EUR 26,528.29 from the Respondent and consequently
requests to receive the difference between the aforementioned amount and
EUR 50,000, i.e. EUR 23,741.71, pursuant to the additional agreement signed
by and between the parties of the reference on 1 February 2008.
8.
In this respect, the Chamber acknowledged that the situation described by the
Claimant, in particular with regard to the financial aspects, was unambiguous.
9.
On account of the above, especially taking into account the considerations
under point II. 4 above and the documentation presented by the player in
support of his claim, the Chamber decided to accept the player’s claim.
10.
As a consequence, the Dispute Resolution Chamber concluded its deliberations
on the present dispute by deciding that the Respondent, M, has to pay to the
Claimant, N, the amount of EUR 23,741.71.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, N, is accepted.
2.
The Respondent, M, has to pay to the Claimant the amount of EUR 23,741.71
within 30 days as from the date of notification of this decision.
3.
In the event that the amount due to the Claimant is not paid by the
Respondent within the stated deadline, 5% interest p.a. will fall due as of
expiry of the fixed time limit and the present matter shall be submitted upon
request to the FIFA Disciplinary Committee for its consideration and decision.
4.
The Claimant is directed to inform the Respondent immediately of the bank
account number to which the remittance is to be made and to notify the
Dispute Resolution Chamber of every payment received.
*****
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:
___________________
Markus Kattner
Deputy Secretary General
Encl. CAS directives