Dispute Resolution Chamber
Texto da decisão
REF 21-00044
Decision of the
Dispute Resolution Chamber
passed on 8 April 2021,
regarding an employment-related dispute concerning the player Stephen Adams
COMPOSITION:
Geoff Thompson (England), Chairman
Tomislav Kasalo (Croatia), member
Jerome Perlemutter (France), member
CLAIMANT:
Player Stephen Adams, Ghana
Represented by Mr. Yussif Chibsah
RESPONDENT:
Nkana FC, Zambia
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REF 21-00044
I. FACTS OF THE CASE
1. On 14 January 2018, the parties concluded an employment contract (hereinafter: the contract),
valid as from 15 January 2018 until 31 December 2019.
2. On 16 September 2020, the parties entered into a settlement agreement, which required the
Respondent to pay the outstanding amount of USD 14,833 (cf. article 4) as well as a leniency fee
of USD 1,000 by 5 December 2020 (cf. article 5).
3. Art. 6 and 7 of the aforementioned settlement agreement stipulate the following:
“In the event that the Club fails to pay one of the above-mentioned instalments within the
relevant deadline, the Club shall be liable to pay interest to the Player on any delayed payment
or outstanding payment, from the date it fell due until the date of actual payment, at a rate of
15% (fifteen percent) per annum.
Furthermore, in the event that the Club fails to pay to the Player one of the above-mentioned
instalments in full within the relevant deadline, the Club shall pay a penalty fee of USD 7,000.”
4. On 30 November 2020, the Claimant sent a reminder to the Respondent, asking it to comply
with its obligations and pay the overdue amount of USD 10,833 by 5 December 2020.
5. On 28 December 2020, the Claimant filed a claim against the Respondent before FIFA requesting
the following:
- USD 4,833 as outstanding remuneration plus 15% interest p.a. as from 6 December 2020;
- USD 7,000 as the penalty fee;
- USD 1,000 as legal fees.
6. In support of his claim, the Claimant submitted that at the start of September 2020, the Club
paid to him the total amount of USD 15,000, after which the parties drafted a Settlement
Agreement on 16 September 2020.
7. The Claimant adds that on 22 October 2020, he received an amount of USD 5,000 and as a
result, the outstanding amount at that date amounted to USD 10,833 (i.e. USD 14,833 as per
the settlement agreement, plus USD 1,000 (as the leniency fee) minus USD 5,000 already paid).
8. The Claimant submits that on 30 November 2020, it reminded the Club of its payment obligations
totalling USD 10,833.
9. On 15 December 2020, the Claimant states that he received the amount of USD 6,000, however
that no further payments were received.
10. Accordingly, the Claimant submits that the amount of USD 4,833 (USD 14,833 plus USD 1,000
minus USD 5,000 minus USD 6,000) was still outstanding and must be paid by the Respondent.
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11. Furthermore, the Claimant states that as a result of the non-payment, the consequences of article
7 of the settlement agreement are also triggered and an amount of USD 7,000 is due as penalty
fee.
12. Therefore, according to the Claimant, the total amount of USD 11,833 is still outstanding.
13. In its response, the Respondent stated that it would make payment of USD 4,833 to the Claimant
by 3 February 2021.
14. The Respondent further submitted that the reason for the delay in paying the Claimant was due
to delayed funding to the Respondent by its sponsor and that this was verbally communicated to
the Claimant’s lawyer.
15. In his final position, the Claimant confirmed that he had received payment of USD 4,833 on his
bank account but maintained that the penalty fee in the amount of USD 7,000 was still
outstanding.
II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
1.
First of all, the Dispute Resolution Chamber (hereinafter referred to as “the DRC”) analysed
whether it was competent to deal with the case at hand. In this respect, it took note that the
Claimant’s claim was lodged on 28 December 2020 and was submitted for a decision on 8 April
2021. Taking into account the wording of art. 21 of the 2021 edition of the Rules Governing the
Procedures of the Players’ Status Committee and the Dispute Resolution Chamber
(hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
2. Subsequently, the DRC referred to art. 3 par. 1 of the Procedural Rules and confirmed that in
accordance with art. 24 par. 1 and par. 2 in conjunction with art.22 lit. b of the Regulations on
the Status and Transfer of Players (edition February 2021), it is competent to deal with the matter
at stake, which concerns an employment-related dispute with an international dimension
between a Ghanaian player and a Zambian club.
3. Furthermore, the DRC analyzed 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 par. 2 of the
Regulations on the Status and Transfer of Players (edition February 2021), and considering that
the present claim was lodged on 28 December 2020, the October 2020 edition of said regulations
(hereinafter: the Regulations) is applicable to the matter at hand as to the substance.
4. The competence of the DRC and the applicable regulations having been established, the DRC
entered into the substance of the matter. Subsequently, the DRC continued by acknowledging
the above-mentioned facts as well as the documentation contained in the file in relation to the
substance of the matter. However, the DRC emphasized that in the following considerations it
will refer only to the facts, arguments and documentary evidence, which it considered pertinent
for the assessment of the matter at hand.
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5. Entering into the substance of the matter at hand, the DRC first of all acknowledged that the
parties to the dispute had concluded an employment contract, valid as from 15 January 2018
until 31 December 2019.
6. Furthermore, the DRC noted that on 16 September 2020, the parties entered into a settlement
agreement which required the Respondent to pay to the Claimant the outstanding amount of
USD 14,833 as well as a leniency fee of USD 1,000 by no later than 5 December 2020.
7. Moreover, the DRC took note of the fact that art. 6 and 7 of the aforementioned settlement
agreement stipulate the following:
“In the event that the Club fails to pay one of the above-mentioned instalments within the
relevant deadline, the Club shall be liable to pay interest to the Player on any delayed payment
or outstanding payment, from the date it fell due until the date of actual payment, at a rate of
15% (fifteen percent) per annum.
Furthermore, in the event that the Club fails to pay to the Player one of the above-mentioned
instalments in full within the relevant deadline, the Club shall pay a penalty fee of USD 7,000”.
8. Having recalled the above, the DRC observed that, the player, in his claim lodged on 28 December
2020, claimed the amount of USD 4,833 as outstanding remuneration, the amount of USD 7,000
as a penalty fee and the amount of USD 1,000 as legal costs.
9. In continuation, the DRC took note of the fact that during the course of the proceedings, the
Respondent made payment of USD 4,833 to the Claimant and that this was confirmed by the
Claimant in its final position.
10. However, the DRC also took note of the fact that the Claimant in its final position submitted that
the penalty fee of USD 7,000 in accordance with article 7 of the settlement agreement, is still
outstanding.
11. In view of the above and taking into account article 7 of the settlement agreement, the DRC
agreed that the conditions that would trigger the penalty fee were indeed met and that as a
result, the penalty fee of USD 7,000 fell due and remained unpaid until today.
12. Consequently and considering the documentation on file, the DRC decided that the Respondent
should pay the Claimant the outstanding penalty fee in the amount of USD 7,000.
13. In addition, as regards the claimed legal expenses, the Chamber referred to art. 18 par. 4 of the
Procedural Rules as well as to its long-standing and well-established jurisprudence, in accordance
with which no procedural compensation shall be awarded in proceedings in front of the Dispute
Resolution Chamber. Consequently, the Chamber decided to reject the Claimant’s request
relating to legal expenses.
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14. The DRC concluded its deliberations in the present matter by establishing that any further claim
lodged by the Claimant is rejected.
15. Furthermore, taking into account the consideration under number II./3. above, the DRC referred
to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with its decision, the
pertinent FIFA deciding body shall also rule on the consequences deriving from the failure of the
concerned party to pay the relevant amounts of outstanding remuneration and/or compensation
in due time.
16. In this regard, the DRC pointed out that, against clubs, the consequence of the failure to pay the
relevant amounts in due time shall consist of a ban from registering any new players, either
nationally or internationally, up until the due amounts are paid and for the maximum duration
of three entire and consecutive registration periods.
17. Therefore, bearing in mind the above, the DRC decided that, in the event that the Respondent
does not pay the amount due to the Claimant within 45 days as from the moment in which the
Claimant, following the notification of the present decision, communicates the relevant bank
details to the club, a ban from registering any new players, either nationally or internationally,
for the maximum duration of three entire and consecutive registration periods shall become
effective on the club in accordance with art. 24bis par. 2 and 4 of the Regulations.
18. Finally, the DRC recalled that the above-mentioned ban will be lifted immediately and prior to its
complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the
Regulations.
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1. The claim of the Claimant, Stephen Adams, is partially accepted.
2. The Respondent, Nkana FC, has to pay the Claimant the total amount of USD 7,000 as penalty
fee.
3. Any further claims of the Claimant are rejected.
4. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank
account to which the Respondent must pay the due amount.
5. Pursuant to article 24bis of the Regulations on the Status and Transfer of Players if full payment
(including all applicable interest) is not paid within 45 days of notification of this decision, the
following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either nationally or
internationally, up until the due amount is paid and for the maximum duration of three
entire and consecutive registration periods. The aforementioned ban mentioned will be
lifted immediately and prior to its complete serving, once the due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
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2. In the event that the payable amount as per in this decision is still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall be
submitted, upon request, to the FIFA Disciplinary Committee.
6. This decision is rendered without costs.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the
Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.
NOTE RELATED TO THE PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party
within five days of the notification of the motivated decision, to publish an anonymised or a redacted
version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
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