Labour Disputes
Texto da decisão
Decision of the Dispute Resolution Chamber
passed in Zurich, Switzerland, on 29 September 2010,
in the following composition:
Slim Aloulou (Tunisia), Chairman
Philippe Piat (France), member
Mario Gallavotti (Italy), member
on the claim presented by the player,
J,
as Claimant
against the club,
X,
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the case
1.
On 20 August 2008, the player, J (hereinafter: player or Claimant), and the club, X
(hereinafter: club or Respondent), signed a standard “Football League”
employment contract valid as from 20 August 2008 until 30 June 2009.
2.
On 1 August 2008, the player and the club signed a “private contract”, in
accordance with which the player was to receive, inter alia, the total net amount of
EUR 50,000 payable as follows: EUR 5,000 upon the signature of the contract and
EUR 45,000 in 11 equal monthly instalments of EUR 4,090 as from 30 August 2008
until 30 June 2009.
3.
On 7 July 2009 and 21 July 2009, the Claimant put the Respondent in default of
payment of the total amount of EUR 33,630.
4.
On 7 August 2009, the aforementioned default notices having remained
unanswered, the player lodged a claim against the club in front of FIFA maintaining
that the club owes him EUR 33,630, which amount was detailed by the player as
follows:
a. EUR 5,000 due at the signature of the “private contract”;
b. EUR 28,630 as salary due for the months of December 2008 until June 2009
in accordance with the “private contract”.
5.
Consequently, the Claimant asks that the Respondent be ordered to pay the total
amount of EUR 33,630, plus 5% interest.
6.
In spite of having been invited by FIFA to do so, the Respondent has not presented
any reply to the player’s claim.
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 7 August
2009, thus after 1 July 2008. 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).
2/6
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 and par. 2 in
combination with art. 22 lit. b) of the Regulations on the Status and Transfer of
Players (edition 2009) 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 (edition
2009), and considering that the present claim was lodged on 7 August 2009, 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. In this respect,
the Chamber acknowledged that, on 20 August 2008, the Claimant and the
Respondent signed an employment contract valid as from 20 August 2008 until 30
June 2009 and, on 1 August 2008, a “private contract”, a copy of both of which was
presented by the Claimant along with his statement of claim. In accordance with the
“private contract” the player was inter alia entitled to receive the total net amount
of EUR 50,000 payable as follows: EUR 5,000 upon the signature of the contract and
EUR 45,000 in 11 equal monthly instalments of EUR 4,090 as from 30 August 2008
until 30 June 2009.
5.
The members of the Chamber noted that the player claims that the club failed to
pay his receivables in the total amount of EUR 33,630, which amount includes EUR
5,000 relating to the payment that fell due upon the signature of the “private
contract” and EUR 28,630 representing the monthly payments as from December
2008 until June 2009 in accordance with the said “private contract”. Consequently,
the Claimant asks to be awarded payment of outstanding remuneration of EUR
33,630, plus interest.
6.
The club, for its part, failed to present its response to the claim of the player, 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.
7.
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.
3/6
8.
As stated above, in accordance with the “private contract” presented by the
Claimant, the Respondent was obliged to pay to the Claimant the total amount of
EUR 45,000 in 11 equal monthly instalments of EUR 4,090 as from 30 August 2008
until 30 June 2009 as well as the amount of EUR 5,000 upon the signature of the
said contract.
9.
Taking into account the documentation presented by the Claimant in support of his
petition, the Chamber concluded that the Claimant had substantiated his claim
pertaining to outstanding salaries with sufficient documentary evidence.
10.
On account of the aforementioned considerations, the Chamber established that the
Respondent, X, failed to remit the Claimant’s monthly remuneration as from
December 2008 until and including June 2009 in accordance with the “private
contract” as well as the payment of EUR 5,000 falling due at the signature of the
“private contract”, totalling EUR 33,630.
11.
Therefore, the members of the Chamber decided that the Respondent, X, must fulfil
its obligations as per the contract in accordance with the general legal principle of
pacta sunt servanda and, consequently, is liable to pay to the Claimant, J,
outstanding remuneration in the uncontested amount of EUR 33,630.
12.
In addition, taking into account the Claimant’s request as well as the constant
practice of the Dispute Resolution Chamber, the Chamber decided that the
Respondent must pay to the Claimant interest of 5% p.a. on each of the
outstanding monthly salaries as of the day following the day on which such
remuneration had fallen due.
13.
The Chamber concluded its deliberations by deciding that the Respondent, X, must
pay the amount of EUR 33,630 to the Claimant, J, plus 5% interest p.a. applicable as
of the day following the day on which each of the monthly payments included in
the global amount of EUR 33,630 had fallen due and, hence, that the claim of the
Claimant, J, is accepted.
III.
Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, J, is accepted.
4/6
2.
The Respondent, X, has to pay to the Claimant, within 30 days as from the date of
notification of this decision, the amount of EUR 33,630, plus interest at the rate of
5% p.a. as follows:
5% p.a. as of 2 August 2008 on the amount of EUR 5,000;
5% p.a. as of 1 January 2009 on the amount of EUR 4,090;
5% p.a. as of 1 February 2009 on the amount of EUR 4,090;
5% p.a. as of 1 March 2009 on the amount of EUR 4,090;
5% p.a. as of 1 April 2009 on the amount of EUR 4,090;
5% p.a. as of 1 May 2009 on the amount of EUR 4,090;
5% p.a. as of 1 June 2009 on the amount of EUR 4,090;
5% p.a. as of 1 July 2009 on the amount of EUR 4,090.
3.
In the event that the aforementioned amount plus interest is not paid within the
stated time limit, the present matter shall be submitted, upon request, to the FIFA
Disciplinary Committee for consideration and a formal decision.
4.
The Claimant is directed to inform the Respondent 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.
*****
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
5/6
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
6/6