Labour Disputes
Texto da decisão
REF FPSD-2410
Decision of the
Dispute Resolution Chamber (DRC) Judge
passed on 11 August 2021
regarding an employment-related dispute concerning the player Steven-Rick Goma
COMPOSITION:
Stijn Boeykens (Belgium), DRC Judge
CLAIMANT:
Steven-Rick Goma, France
Represented by Loris Familari-Roy
RESPONDENT:
CS Pandurii Targu Jiu, Romania
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I.
FACTS OF THE CASE
1. On 20 July 2020, the French player, (hereinafter: Claimant), and the Romanian club, CS
Pandurii Targu Jiu (hereinafter: Respondent) signed an employment contract, valid as from
the date of signature until 30 June 2022.
2. In accordance with article 4 of the employment contract, the Respondent undertook to pay to
the Claimant inter alia Romanian Lei (RON) 2,820 net for the period between 20 July 2020
and 30 June 2021 and RON 3,760 net for the period between 1 July 2021 and 30 June 2022
3. By correspondence dated 6 April 2021, the Claimant put the Respondent in default of payment
of RON 23,651.61 corresponding to salaries between 20 July 2020 and 31 March 2021,
granting 15 days in order to remedy the default, to no avail.
4. On 24 April 2021, the Claimant unilaterally terminated his contract with the Respondent.
II.
PROCEEDINGS BEFORE FIFA
5. On 29 April 2021, the Claimant filed the claim at hand before FIFA. A brief summary of the
position of the parties is detailed in continuation.
a.
The claim of the Claimant
6. According to the Claimant, despite him respecting his contractual obligations, the Respondent
failed to respect its financial obligations.
7. Additionally, the Claimant stated that despite sending a default notice on 6 April 2021 and
granting it 15 days to comply, the Respondent still failed to respect its obligations towards
him. As a result, the Claimant submitted that he had no choice but to unilaterally terminate
his contract with just cause on 24 April 2021.
8. As a result, the request for relief of the Claimant was as follows:
RON 23,651.61 as outstanding remuneration for the period between 20 July 2020 to
April 2021 plus 5%interest p.a. as of the due dates until the effective date of payment,
broken down as:
-on the amount of RON 3,911.61 (salaries for July 2020 to August 2020) as of 25 August
2020;
-on the amount of RON 2,820 (salary for September 2020) as of 25 September 2020;
-on the amount of RON 2,820 (salary for September 2020) as of 25 September 2020;
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-on the amount of RON 2,820 (salary for October 2020) as of 25 October 2020;
-on the amount of RON 2,820 (salary for November 2020) as of 25 November 2020;
-on the amount of RON 2,820 (salary for December 2020) as of 25 December 2020;
-on the amount of RON 2,820 (salary for January 2021) as of 25 January 2021;
-on the amount of RON 2,820 (salary for February 2021) as of 25 February 2021;
-on the amount of RON 2,820 (salary for March 2021) as of 25 March 2021.
RON 53,580.03 as compensation for breach of contract, plus 5% interest p.a. as of the
date of the termination of the contract, 24 April 2021;
Additional compensation amounting to 6 months’ salary in accordance with article 17.1
and 2 RSTP;
Impose a sanction on the Respondent
b.
Position of the Respondent
9. Despite being invited to do so, the Respondent did not reply to the claim.
III.
CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
a.
Competence and applicable legal framework
10. First of all, the Dispute Resolution Chamber (hereinafter also referred to as DRC Judge)
analysed whether he was competent to deal with the case at hand. In this respect, he took
note that the present matter was presented to FIFA on 29 April 2021 and submitted for
decision on 11 August 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.
11. Subsequently, the DRC Judge referred to art. 3 par. 1 of the Procedural Rules and observed
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 February 2021), 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 French player and a
Romanian club.
12. Subsequently, the DRC Judge 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 Player (edition February 2021), and
considering that the present claim was lodged on 29 April 2021, the February 2021 edition of
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said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the
substance.
b.
Burden of proof
13. The DRC Judge recalled the basic principle of burden of proof, as stipulated in art. 12 par. 3 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 DRC Judge stressed the wording
of art. 12 par. 4 of the Procedural Rules, pursuant to which it may consider evidence not filed
by the parties.
14. In this respect, the DRC Judge also recalled that in accordance with art. 6 par. 3 of Annexe 3
of the Regulations, FIFA’s judicial bodies may use, within the scope of proceedings pertaining
to the application of the Regulations, any documentation or evidence generated or contained
in TMS.
c.
Merits of the dispute
15. The competence of the DRC Judge and the applicable regulations having been established,
the DRC Judge entered into the merits of the dispute. In this respect, the DRC Judge started
by acknowledging all the above-mentioned facts as well as the arguments and the
documentation on file. However, the DRC emphasised that in the following considerations he
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
16. The foregoing having been established, the DRC Judge moved to the substance of the matter,
and took note of the fact that despite being invited to do so, the Respondent did not reply to
the Claim and that therefore claim of the Claimant remained uncontested.
17. Consequently, the DRC Judge deemed that the Respondent had renounced to its right of
defence and, thus, had accepted the allegations of the Claimant.
18. As a consequence of the aforementioned consideration, the DRC Judge concurred that, in
accordance with art. 9 par. 3 of the Procedural Rules, a decision shall be taken upon the basis
of the documents already on file, in other words, upon the statements and documents
presented by the Claimant.
19. On account of the aforementioned, the DRC Judge established that the Respondent, without
any valid reason, failed to remit to the Claimant, until 24 April 2021, date on which the
Claimant terminated the contract, the total amount of RON 26,471.61. Consequently, and
considering that the Respondent had repeatedly and for a significant period of time been in
breach of its contractual obligations towards the Claimant, the DRC Judge decided that the
Claimant had just cause to unilaterally terminate the employment contract on 24 April 2021
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and that, as a result, the Respondent is to be held liable for the early termination of the
employment contact with just cause by the Claimant.
20. In this context, the Chamber acknowledged that the Claimant is therefore in principle entitled
to outstanding remuneration and compensation for breach of contract.
ii. Consequences
21. Having stated the above, the DRC Judge turned his attention to the question of the
consequences of such unjustified breach of contract committed by the Respondent.
22. Taking into account the fact that the claim remained uncontested by the Respondent and the
contents of the contract between the parties, the DRC Judge decided to award outstanding
remuneration in the amount of RON 26,471.61 for the period between 20 July 2020 to April
2021.
23. What is more, in line with the well-established jurisprudence of the DRC and PSC in this respect,
as well as taken into account the request of the Claimant, the DRC Judge decided to award 5%
interest p.a. on the amount of RON 26,471.61 as of the due dates until the effective date of
payment as follows:
-on the amount of RON 3,911.61 as of 26 August 2020;
-on the amount of RON 2,820 as of 26 September 2020;
-on the amount of RON 2,820 as of 26 September 2020;
-on the amount of RON 2,820 as of 26 October 2020;
-on the amount of RON 2,820 as of 26 November 2020;
-on the amount of RON 2,820 as of 26 December 2020;
-on the amount of RON 2,820 as of 26 January 2021;
-on the amount of RON 2,820 as of 26 February 2021;
-on the amount of RON 2,820 as of 26 Mars 2021;
-on the amount of RON 2,820 as of 26 April 2021.
24. In continuation, the DRC Judge decided that, taking into consideration the Claimant’s
respective claim and art. 17 par. 1 of the Regulations, the Claimant is entitled to receive from
the Respondent compensation for breach of contract in addition to any outstanding salaries
on the basis of the relevant employment contract.
25. In this context, the DRC Judge outlined that, in accordance with said provision, the amount of
compensation shall be calculated, in particular and unless otherwise provided for in the
contract at the basis of the dispute, with due consideration for the law of the country
concerned, the specificity of sport and further objective criteria, including, in particular, the
remuneration and other benefits due to the Claimant under the existing contract and/or the
new contract, the time remaining on the existing contract up to a maximum of five years, and
depending on whether the contractual breach falls within the protected period.
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26. In application of the relevant provision, the DRC Judge held that it first of all had to clarify
whether the pertinent employment contract contained any clause, by means of which the
parties had beforehand agreed upon a compensation payable by the contractual parties in the
event of breach of contract and concluded that this was not the case.
27. In this regard, the DRC Judge noted that the residual value of the contract in the period
between May 2021 and 30 June 2022 is RON 50,760 (RON 2,820 per month for May and
June 2020 and RON 3,760 per month for July 2021 to June 2022). Consequently, the Chamber
concluded the amount of RON 50,760 shall serve as the basis for the final determination of the
amount of compensation for breach of contract.
28. In continuation, the DRC Judge verified as to whether the Claimant had signed an employment
contract with another club during the relevant period of time, by means of which he would
have been enabled to reduce his loss of income. According to the constant practice, such
remuneration under a new employment contract shall be taken into account in the calculation
of the amount of compensation for breach of contract in connection with the Claimant’s
general obligation to mitigate his damages.
29. In this regard, the DRC Judge noted that the Claimant signed a new contract with Academica
Clinceni, Romania valid from 01 July 2021 to 15 June 2024 at a monthly salary of EUR 1,500
for the 2021/2022 season which is the overlapping period between the 2 contracts, totalling
to EUR 21,000 (EUR 1,500 x 14 months, i.e the period between May 2021 and June 2022,
which corresponds to approximately RON 102,993).
30. As a result, the DRC Judge concluded that the Claimant was able to fully mitigate his losses as
the value of his new contract (the overlapping period) exceeds the residual value of the
contract between the parties to the current dispute and that in principle, the Claimant is not
entitled to compensation under the contract.
31. Subsequently, the DRC Judge turned his attention to art. 17 par. 1 lit. ii) of the Regulations,
according to which a player is entitled to an additional compensation of three monthly salaries,
subject to the early termination of the contract being due to overdue payables. In case of
egregious circumstances, the additional compensation may be increased up to a maximum of
six monthly salaries, whereby the overall compensation may never exceed the rest value of the
prematurely terminated contract.
32. With the above in mind and seeing as the termination of the contract was due to overdue
payables, the DRC Judge decided to award the Claimant additional compensation
corresponding to three monthly salaries, i.e. RON 8,460 (RON 2,820 x 3 months), in
accordance with the above-mentioned provision.
33. What is more, in line with the well-established jurisprudence of the DRC and PSC in this respect,
as well as taken into account the request of the Claimant, the DRC Judge decided to award 5%
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interest p.a. on the amount of RON 8,460 as of 29 April 2021 until the effective date of
payment.
iii. Compliance with monetary decisions
34. Finally, taking into account the above, the DRC Judge referred to par. 1 lit. 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.
35. 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.
36. 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. 24bis par. 2, 4, and 7 of the Regulations.
37. The Respondent shall make full payment (including all applicable interest) to the bank account
provided by the Claimant in the Bank Registration Form, which is attached to the present
decision.
38. The DRC 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. 24bis par. 8
of the Regulations.
d.
Costs
39. The DRC Judge referred to article 18 par. 2 of the Procedural Rules, according to which “DRC
proceedings relating to disputes between clubs and players in relation to the maintenance of
contractual stability as well as international employment related disputes between a club and
a player are free of charge”. Accordingly, the Chamber decided that no procedural costs were
to be imposed on the parties.
40. Likewise and for the sake of completeness, the DRC Judge recalled the contents of art. 18 par.
4 of the Procedural Rules, and decided that no procedural compensation shall be awarded in
these proceedings.
41. Lastly, the DRC Judge concluded his 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 (DRC) JUDGE
1. The claim of the Claimant, Steven-Rick Goma, is partially accepted.
2. The Respondent, CS Pandurii Targu Jiu, has to pay to the Claimant, RON 26,471.61 as outstanding
remuneration plus 5% interest p.a. as follows:
-
on the amount of RON 3,911.61 as of 26 August 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 September 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 September 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 October 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 November 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 December 2020 until the effective date of payment;
on the amount of RON 2,820 as of 26 January 2021 until the effective date of payment;
on the amount of RON 2,820 as of 26 February 2021 until the effective date of payment;
on the amount of RON 2,820 as of 26 Mars 2021 until the effective date of payment;
on the amount of RON 2,820 as of 26 April 2021 until the effective date of payment.
3. The Respondent has to pay the Claimant RON 8,460 as compensation for breach of contract plus
5% interest p.a. as of 29 April 2021 until the effective date of payment.
4. Any further claims of the Claimant are rejected.
5. Full payment (including all applicable interest) shall be made to the bank account set out in the
enclosed Bank Account Registration Form.
6. 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. The maximum duration of 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 paid by the end of
the of the three entire and consecutive registration periods.
7. The consequences shall only be enforced at the request of the Claimant in accordance with
article 24bis paragraphs 7 and 8 and article 24ter of the Regulations on the Status and Transfer
of Players.
8. This decision is rendered without costs.
For the Dispute Resolution Chamber (DRC) judge:
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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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