Labour Disputes
Texto da decisão
REF FPSD-4922
Decision of the
Dispute Resolution Chamber
passed on 18 May 2022
regarding an employment-related dispute concerning the player Lamine
Gassama
BY:
Johan van Gaalen (South Africa), Single Judge of the DRC
CLAIMANT:
Lamine Gassama, France
Represented by Mr Selçuk Demir
RESPONDENT:
Goztepe AS, Turkey
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REF FPSD-4922
I. Facts of the case
1.
On 18 July 2018, the parties concluded an employment contract (hereinafter: the
contract), valid as from the date of its signature until 31 May 2021, i.e. for the seasons
2018/2019, 2019/2020 and 2020/2021.
2.
In accordance with clause 1 of the contract, the club undertook to pay to the player a
total amount of EUR 750,000 per season, divided into 10 monthly instalments of EUR
75,000 each (payable as from September until May of the following year).
3.
In addition, according to clause 2 b.) of the contract, the club undertook to pay the
following bonuses to the player during the season 2019/2020:
4.
On 18 July 2018, the parties concluded an employment contract (hereinafter: the
contract), valid as from the date of its signature until 31 May 2021, i.e. for the seasons
2018/2019, 2019/2020 and 2020/2021.
5.
On 22 July 2021, the player lodged a previous claim against the club in front of FIFA
(FPSD-3111), claiming to receive the following amounts: EUR 42,000 as outstanding
salaries; EUR 167,672 as “monies illegally withheld” in relation to salaries and
appearance bonuses due, inter alia, for the season 2019/2020, and EUR 450,000 as
additional damages; plus interest.
6.
On 12 November 2021 -notified to the parties on 21 December 2021-, the Dispute
Resolution Chamber (hereinafter: DRC) partially accepted the claim of the Claimant,
condemning the club to pay to the player the total amount of EUR 67,672 as
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REF FPSD-4922
outstanding remuneration, plus 5% interest p.a. as from 22 July 2021 until the date
of effective payment.
7.
In particular, the DRC rejected the claim of the Claimant to be awarded the amount
of EUR 167,000 (out of which the amount of EUR 100,000 was requested as
appearance bonuses). The decision of the DRC reads in this respect reads as follows:
“As a starting point, the DRC analyzed the player’s entitlement in detail and
established that the player failed to substantiate his claim regarding the bonuses of
EUR 100,000”.
II. Proceedings before FIFA
a. Position of the Claimant
8.
9.
On 24 January 2022, the player lodged a claim against the club before FIFA, requesting
to be awarded outstanding remuneration in the total amount of EUR 100,000 ex.
clause 2 b.) of the contract, plus 5% interest p.a. (note: no further specification
provide), broken down by the player as follows:
-
EUR 50,000 for having played in more than 20 matches of the Super League
within the 11 starters;
-
EUR 50,000 for having played in more than 25 matches of the Super League
within the 11 starters.
In his claim, the player simply argued that the club has failed to pay the sum of EUR
100,000 in ”respect of the bonus linked to the number of matches played for the
season 2019-2020”.
b. Position of the Respondent
10. In its reply to the claim, the Respondent firstly challenged the competence of the
Football Tribunal to hear the present matter, insofar as -as claimed by the
Respondent- the claim of the Claimant has already been subject of proceedings held
in front of FIFA, which would prevent the Football Tribunal from hearing the present
dispute in accordance with the legal principle res judicata.
11. What is more, the Respondent argued the following: “the Respondent delivered the
payment of a total amount of 2.397.184,88 Euro [to] the Player, [in particular]
100.000.-Euro (with two payments of 50.000.-Euro, each with the description of
“appearance fee”) of which were paid as appearance bonusses, throughout the term
of his employment” (note: document on file).
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12. Thus, in its request for relief, the Respondent rejected the DRC to determine that the
claim of the Claimant is inadmissible and, subsidiary, rejected.
III. Considerations of the Dispute Resolution Chamber
a. Competence and applicable legal framework
13. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter referred
to as the Single Judge) analysed whether he was competent to deal with the case at
hand. In this respect, it took note that the present matter was presented to FIFA on
24 January 2022 and submitted for decision on 18 May 2022. Taking into account the
wording of art. 34 of the October 2021 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.
14. 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 (March 2021 edition), the Dispute
Resolution Chamber is, in principle, competent to deal with the matter at stake, which
concerns an employment-related dispute with an international dimension between a
French player and a Turkish club.
15. Notwithstanding the above, the Single Judged referred to the allegations of the
Respondent, which argues that the Football Tribunal in general and the DRC in
particular is not competent to entertain the present dispute since, in accordance with
the principle of res judicata, a party is not able to lodge a claim if there is identity of
parties and subject matters of the dispute with a claim previously filled by one of the
said parties.
16. In this regard, the Respondent referred to the DRC decision FPSD-3111, passed by the
DRC on 12 November 2021, whereby the DRC rejected the claim of the Claimant to be
awarded the amount of EUR 100,000 as appearance bonuses, since the latter failed
“to substantiate his claim regarding the bonuses of EUR 100,000”.
17. In view of the above, the Single Judge determined that the Claimant failed to comply
with his burden of proof in accordance with the requirements set by art. 13.5 of the
Procedural Rules in the previous proceedings, failure that the Claimant is intending
to amend by lodging a new claim within the scope of the present proceedings, which
goes against the principle of res judicata, considering that -as argued by the
Respondent- an identity of parties and subject matters is appreciated in connection
with both proceedings.
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18. Consequently, the Single Judge decided that the claim of the Claimant is inadmissible.
b. Costs
19. 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.
20. 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.
21. 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, Lamine Gassama, is inadmissible.
2.
This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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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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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