Labour Disputes
Texto da decisão
REF. FPSD-10491
Decision of the
Dispute Resolution Chamber
passed on 28 July 2023
regarding an employment-related dispute concerning
the player Pa Amat Dibba
BY:
Angela Collins (Australia), Single Judge
CLAIMANT:
Pa Amat Dibba, Gambia
Represented by Nihat Güman
RESPONDENT:
Club Eyüpspor, Türkiye
Represented by Ercan Sevdimbaş
pg. 2
REF. FPSD-10491
I. Facts of the case
1.
On 26 August 2021, the Gambian player Pa Amat Dibba (hereinafter: the Claimant) and the
Turkish club Eyüpspor (hereinafter: the Respondent) concluded an employment agreement
(hereinafter: the contract) valid as from the same date until 31 May 2023.
2.
Pursuant to the contract, the club undertook to pay the player a monthly salary of EUR
50,000 by the end of each month.
3.
On 18 May 2023, the Claimant put the Respondent in default of EUR 150,000 as
outstanding remuneration and granted the latter a term of 15 days to remedy the
alleged breach.
4.
Following the default notice, the Respondent paid the Claimant a total of EUR 86,054.
5.
On 8 June 2023 the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
6.
According to the Claimant, the Respondent failed to comply with its financial obligations
regarding the monthly salaries of March, April, and May 2023.
7.
In this respect, the player acknowledged having received a total of EUR 86,054 after the
default notice dated 18 May 2023, whereas on 31 May 2023 also the salary of May became
due.
8.
Accordingly, the amounts requested as relief by the player were:
-
9.
EUR 13,946 as outstanding remuneration for March 2023;
EUR 50,000 as outstanding remuneration for April 2023;
EUR 50,000 as outstanding remuneration for May 2023;
5% interest per annum as from the respective due dates.
In its reply, the Respondent objected to the claim presented by the Claimant, arguing
having already made several payments to the latter. In this context, the Respondent
produced several receipts of payments, which date up to 12 December 2022.
10. The request for relief of the Respondent was to set-off those amounts from the
receivables of the Claimant.
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REF. FPSD-10491
II. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
11. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter also referred
to as the Single Judge) analysed whether she was competent to deal with the case at hand.
In this respect, she took note that the present matter was presented to FIFA on 8 June 2023
and submitted for decision on 28 July 2023. Taking into account the wording of art. 34 of
the March 2023 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.
12. Subsequently, the Single Judge 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 lit. b) of the
Regulations on the Status and Transfer of Players (May 2023 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 player from
Gambia and a club from Türkiye.
13. In continuation, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, she confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (May 2023 edition), and
considering that the present claim was lodged on 08 June 2023, the aforementioned edition
of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to
the substance.
b. Burden of proof
14. The Single Judge 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 Single Judge
stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which she 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
15. The competence and the applicable regulations having been established, the Single Judge
entered into the merits of the dispute. In this respect, the Single Judge started by
acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the Single Judge emphasised that in the following
considerations she will refer only to the facts, arguments, and documentary evidence,
which she considered pertinent for the assessment of the matter at hand.
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REF. FPSD-10491
i. Main legal discussion and considerations
16. The foregoing having been established, the Single Judge moved to the substance of the
matter, and took note of the fact that while the Claimant seeks unpaid wages for April, May,
and June 2023, the Respondent argued having already made the due payments in favour
of the Claimant.
17. In this context, the Single Judge acknowledged that her task was to determine, based on
the evidence presented by the parties, whether the claimed amounts had in fact remained
unpaid by the Respondent and, if so, whether the latter had a valid justification for not
having complied with its financial obligations.
18. As such, the Single Judge observed that the Respondent submitted several payment slips
related to the Claimant’s previous salaries but failed to produce evidence that the salaries
connected with the month of April 2023, May 2023 and June 2023 have been paid. In other
words, the evidence filed by the Respondent, while pertaining to several payments made,
had no connection with the amounts sought by the Claimant.
19. The Single Judge first noted that in the case at hand the Respondent bore the burden of
proving that it indeed complied with the financial terms of the contract concluded between
the parties. Nonetheless, absent such evidence and any reasonable justification by the
Respondent for not having complied with the terms of the contract, the Single Judge
decided that its position could not be upheld.
20. Accordingly, the Single Judge concluded that the amounts of EUR 13,946 due as salary for
April 2023, EUR 50,000 due for the salary of May 2023 and EUR 50,000 due for the salary of
June 2023, remain outstanding to date.
21. As a consequence, and in accordance with the general legal principle of pacta sunt servanda,
the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts
which remained outstanding, i.e., EUR 113,946.
22. In addition, taking into consideration the Claimant’s request as well as the constant practice
of the Dispute Resolution Chamber in this regard, the latter decided to award the Claimant
interest at the rate of 5% p.a. on the outstanding amounts as from the respective due dates
until the date of effective payment.
ii. Compliance with monetary decisions
23. Finally, taking into account the applicable Regulations, the Single Judge 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
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REF. FPSD-10491
concerned party to pay the relevant amounts of outstanding remuneration and/or
compensation in due time.
24. In this regard, the Single Judge 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.
25. Therefore, bearing in mind the above, the Single Judge 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.
26. 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.
27. The Single Judge 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
28. The Single Judge 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 Single Judge decided that no procedural costs were to be
imposed on the parties.
29. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art.
25 par. 8 of the Procedural Rules, and decided that no procedural compensation shall be
awarded in these proceedings.
30. Lastly, the Single Judge concluded the deliberations by rejecting any other requests for
relief made by any of the parties.
pg. 6
REF. FPSD-10491
III. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Pa Amat Dibba, is accepted.
2.
The Respondent, Eyüpspor, must pay to the Claimant the following amount(s):
EUR 113,946 net as outstanding remuneration plus interest p.a. as follows:
- 5% interest p.a. over the amount of EUR 13,946 as from 1 April 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 May 2023 until the date of
effective payment;
- 5% interest p.a. over the amount of EUR 50,000 as from 1 June 2023 until the date of
effective payment.
3.
Full payment (including all applicable interest) shall be made to the bank account indicated
in the enclosed Bank Account Registration Form.
4.
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.
5.
The consequences shall only be enforced at the request of the Claimant in accordance
with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players.
6.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF. FPSD-10491
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 Governing the Football
Tribunal).
CONTACT INFORMATION
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FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
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