Labour Disputes
Texto da decisão
REF FPSD-7101
Decision of the
Dispute Resolution Chamber
passed on 10 November 2022
regarding an employment-related dispute concerning the player Chidozie
Collins Awaziem
COMPOSITION:
Lívia Silva Kägi (Brazil & Switzerland), Acting Deputy Chairperson
Khalid Awad Al-Thebity (Saudi Arabia), Member
Stijn Boeykens (Belgium), Member
CLAIMANT:
Chidozie Collins Awaziem, Nigeria
Represented by Sila Lawyers
RESPONDENT:
Alanyaspor, Türkiye
Represented by Sami Dinc
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REF FPSD-7101
I. Facts of the case
1.
On 8 September 2021, the Nigerian player, Mr Chidozie Collins Awaziem (hereinafter: the
player or the Claimant), and the Turkish club, Alanyaspor (hereinafter: the club or the
Respondent), concluded an employment contract valid as from the date of signature until
31 May 2022 (hereinafter: the employment contract).
2.
Pursuant to clause 6 of the Annexe to the employment contract, the club undertook to
pay the player, inter alia, the following amounts:
a. EUR 615,000 net as fixed remuneration, payable in 10 monthly instalments of EUR
61,500 net each by the last day of each month between September 2021 and June
2022; and
b. TRY 25,000 net as bonus per victory “for every official TFF Super League matches
which the relevant match ends with the victory of the club provided that the player plays
for the club in the relevant match. The victory bonus payment will be made in addition
to the victory premiums which will be decided by the Board excluding this contract”.
Furthermore, said bonuses would be due in 30 days following the end of the
football season of 2021/2022 (cf. clause 6.2 of the employment contract).
3.
In accordance with the information available in the Transfer Matching System (TMS), the
official 2021/2022 season in Türkiye finished on 30 June 2022.
II. Proceedings before FIFA
4.
On 17 August 2022, the player filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a. Claim of the player
5.
In his claim, the player explained that the club did only comply with part of its financial
obligations towards him. In particular, he requested to be awarded:
a. EUR 184,500 net as outstanding salaries (i.e. EUR 615,000 due minus 430,500
received) plus interest, broken down as follows:
• EUR 61,500 net for April 2022, plus 5% interest p.a. as from 1 May 2022;
• EUR 61,500 net for May 2022, plus 5% interest p.a. as from 1 June 2022;
• EUR 61,500 net for June 2022, plus 5% interest p.a. as from 1 July 2022.
b. TRY 225,000 net as victory bonuses for 9 matches of the TFF Super League, plus 5%
interest as from 23 June 2022 (i.e. 30 days as from the last match on 22 May 2022).
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b. Reply of the Respondent
6.
On 12 September 2022, the club filed its reply to the claim and stated inter alia as follows,
in quoted verbatim:
“[...] According to the statement of claim of the player it can be seen that the request of the
player is in regards to 2021/2022 football season. Despite the false claims of the Claimant,
the club had made several payments (Annex-1) in regards to 2021/2022 season’s
remunerations (which was claimed by the Player) to the Claimant and there the proposed
amount does not reflect the truth [...]. According to the annexed payment receipts, it can be
clearly seen that our club has made payments in the amount of 430.500,00-Euro +
295.606,590-TL with regards to 2021/2022 football season’s remunerations. In this context,
our club completed its financial obligations towards the player including but not limited to
2021/2022 football season remunerations.”
7.
Together with its reply, the club submitted several proofs of payments i.e., transfer
receipts.
c. Rejoinder of the player
8.
On 26 September 2022, the player filed his rejoinder on this matter.
9.
Firstly, the player confirmed that his last three salaries remained outstanding for a total
of EUR 184,500 net and no proof of payment was provided in this regard.
10. Secondly and as to the bonuses, the player acknowledged receipt of an amount of Turkish
Lira (TRY) 295,6060.38 throughout the 2021/2022 season. Nevertheless, he pointed out
that the amounts were paid under the reference of “additional payment”. Moreover, they:
(i) were paid in TRY, hence could not be considered salaries; and (ii) did not amount to TRY
25,000, suggesting that they were indeed corresponding to other concepts (i.e. victory
premiums decided by the administration of the club).
11. Therefore, the player reiterated his claim for the bonuses amounting to TRY 225,000 net.
d. Final comments of the club
12. On 4 October 2022, the club submitted its final comments. In doing so, it argued that the
amounts paid to the player were connected to “contractual receivables” and, consequently,
there was no outstanding bonus. On the contrary, the club highlighted that the player’s
allegation that such payments were extra should not be taken into consideration for the
calculation was not contractually based.
13. Based on the above, the club allocated the payments made to the player as follows:
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•
•
Bonuses: TRY 225,606.59
Salaries: TRY 70,089.79 (equivalent to EUR 4,409.44)
14. Finally, the club requested the player’s claim to be entirely dismissed.
e. Partial settlement by the parties
15. On 9 November 2022, the club informed the FIFA general secretariat about the partial
settlement of the case. The club acknowledged its debt towards the player regarding
the outstanding salaries and the parties agreed upon a new payment schedule.
16. In light of the above, the player withdrew his claim for the outstanding salaries and
requested the FIFA Dispute Resolution Chamber (DRC) to pass a decision in
connection with the bonuses only.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
17. 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 presented to FIFA on 17 August 2022 and
submitted for decision on 10 November 2022. Taking into account the wording of art. 34
of the June 2022 edition of the Procedural Rules Governing the Football Tribunal
(hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is
applicable to the matter at hand.
18. Subsequently, the members of the Chamber referred to art. 2 par. 1 of the Procedural
Rules and observed that in accordance with art. 23 par. 1 in combination with art. 22 par.
1 lit. b) of the Regulations on the Status and Transfer of Players (July 2022 edition), 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
Nigerian player and a Turkish club.
19. Subsequently, 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 (July 2022 edition), and
considering that the present claim was lodged on 17 August 2022, the cited edition of said
regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
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b. Burden of proof
20. The Chamber recalled the basic principle of burden of proof, as stipulated in art. 13
par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of
an alleged fact shall carry the respective burden of proof. Likewise, the Chamber stressed
the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which it may consider
evidence not filed by the parties, including without limitation the evidence generated by
or within the Transfer Matching System (TMS).
c. Merits of the dispute
21. Its competence and the applicable regulations having been established, the Chamber
entered into the merits of the dispute. In this respect, the Chamber started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Chamber emphasised 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.
i. Main legal discussion and considerations
22. The foregoing having been established, the Chamber moved to the substance of the
matter, and took note of the fact that, in principle, it pertained to a claim for outstanding
salaries and bonuses in connection with the employment contract concluded between
the player and club.
23. The player initially claimed to be entitled to his salaries from April until June 2022 plus
victory bonuses. The club, on the other hand, did not dispute the player’s contractual
entitlement, but rather alleged that these payments had already been (at least partially)
delivered.
24. Against this background, the Chamber took due consideration that the parties found a
partial solution to their dispute, insofar as it refers to the outstanding salaries sought by
the player. As a consequence, the DRC acknowledged that its task was limited to rule upon
the existence of any outstanding bonus owed to the player.
25. In this respect and in line with art. 13, par. 5 of the Procedural Rules, the club bore the
burden of proof of demonstrating that it indeed complied with its financial obligations.
Nevertheless, while assessing the proofs of payment submitted together with the reply
to the claim, the Chamber took due consideration that they lack specification and do not
meet neither the dates of payment nor the corresponding amount for each relevant
concept.
26. In particular, despite being stipulated in the employment contract in TRY (alike the
payments made by the club), the Chamber was observant that the match bonuses would
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only be due by the end of the 2021/2022 season. Likewise, the Chamber noted that the
dates of payments were not conclusive because there is no apparent rational link
between such payments and the contractual provisions (such as suggested by the club).
Furthermore, the DRC concurred with the player’s argumentation that the amounts wired
by the club do not meet the price set out in the employment contract (i.e. TRY 25,000 per
match) and, in total, amount to more than it is claimed – hence corroborating that the
payments in fact corresponded to other concepts arranged between the parties.
27. Based on the abovementioned considerations, the DRC concluded that the club could not
establish to a comfortable satisfaction degree that it indeed complied with its financial
duties. Consequently, the Chamber decided that the player shall be entitled to the
outstanding remuneration sought on the basis of the general legal principle of pacta sunt
servanda.
28. In addition, taking into consideration the player’s request as well as the constant practice
of the Chamber in this regard, the latter decided to award the player interest at the rate
of 5% p.a. on the outstanding amounts as from 31 July 2022 (i.e. the official end of the
2021/2022 season in Türkiye was on 30 June 2022 and the bonuses were supposed to be
paid within 30 days of such date) until the date of effective payment.
ii. Compliance with monetary decisions
29. Finally, taking into account the applicable Regulations, the Chamber referred to art. 24
par. 1 and 2 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.
30. In this regard, the DRC highlighted 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. The overall
maximum duration of the registration ban shall be of up to three entire and consecutive
registration periods.
31. Therefore, bearing in mind the above, the DRC decided that the Respondent must pay the
full amount due (including all applicable interest) to the Claimant within 45 days of
notification of the decision, failing which, at the request of the Claimant, a ban from
registering any new players, either nationally or internationally, for the maximum
duration of three entire and consecutive registration periods shall become immediately
effective on the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.
32. The Respondent shall make full payment (including all applicable interest) to the bank
account provided by the Claimant in the Bank Account Registration Form, which is
attached to the present decision.
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33. 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. 24 par. 8 of
the Regulations.
d. Costs
34. The Chamber referred to art. 25 par. 1 of the Procedural Rules, according to which
“Procedures are free of charge where at least one of the parties is a player, coach, football
agent, or match agent”. Accordingly, the Chamber decided that no procedural costs were
to be imposed on the parties.
35. Likewise and for the sake of completeness, the Chamber recalled the contents of art. 25
par. 8 of the Procedural Rules, and decided that no procedural compensation shall be
awarded in these proceedings.
36. Lastly, the DRC concluded its deliberations by rejecting any other requests for relief made
by any of the parties.
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IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Chidozie Collins Awaziem, is partially accepted.
2.
The Respondent, Alanyaspor, has to pay to the Claimant the following amount:
-
TRY 225,000 net as outstanding remuneration plus 5% interest p.a. as from 31 July
2022until the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
Full payment (including all applicable interest) shall be made to the bank account
indicated in the enclosed Bank Account Registration Form.
5.
Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment
(including all applicable interest) is not made 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. The maximum duration of the ban
shall be of up to three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is still not
made by the end of the three entire and consecutive registration periods.
6. The consequences shall only be enforced at the request of the Claimant in accordance
with article 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of
Players.
7. This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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NOTE RELATED TO THE APPEAL PROCEDURE:
According to article 57 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 17 of the Procedural Rules).
CONTACT INFORMATION
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