Labour Disputes
Texto da decisão
REF. FPSD-13204
Decision of the
Dispute Resolution Chamber
passed on 6 March 2024
regarding an employment-related dispute concerning
the player Jenna Marie Holtz
BY:
André dos Santos Megale (Brazil)
CLAIMANT:
Jenna Marie Holtz, USA
Represented by Mr Jack Gale
RESPONDENT:
C.F. Femenino Caceres, Spain
pg. 2
REF. FPSD-13204
I. Facts of the case
1.
On 4 August 2022, the American player Jenna Marie Holtz (hereinafter: the Claimant), and
the Spanish club, C.F. Femenino Caceres (hereinafter: the Respondent) signed an
employment contract valid as from the date of signature until 23 May 2023 (hereinafter:
the Contract).
2.
In accordance with the Contract, the Respondent undertook to pay to the Claimant a
monthly salary of EUR 550, as well as to provide her with a return flight ticket between the
USA and Spain.
3.
By correspondence dated 24 November 2023, the Claimant put the Respondent in default
of payment of EUR 1,697, corresponding to the salary of May 2023 and the costs of the
Claimant’s flight ticket back to the USA, setting a time limit of 10 days in order to remedy
the default.
II. Proceedings before FIFA
4.
On 2 January 2024, the Claimant filed the claim at hand before FIFA. A brief summary of
the position of the parties is detailed in continuation.
a. Position of the Claimant
5.
According to the Claimant, the Respondent failed to meet its financial obligations, in
particular not paying the salary for the month of May 2023, as well as a flight ticket to return
to the USA, which she had to bear at her own expense.
6.
The Claimant specified that the Respondent “failed to provide a flight ticket from Spain to the
USA (…) which [she] used a combination of money (USD 198.25) and airline points (185,000)
[for].”
7.
The requests for relief of the Claimant, were the following:
-
EUR 550 as overdue salary (plus interest from 1 June 2023 until the date of
effective payment);
EUR 1,147 as flight expenses (plus interest from 29 May 2023 until the date of
effective payment);
Subsidiarily, if the calculation for the flight ticket is rejected, to calculate the cost
of the flight through FIFA Travel;
To impose appropriate sanctions on the club in accordance with art. 12bis RSTP.
pg. 3
REF. FPSD-13204
b. Position of the Respondent
8.
According to the Respondent, the Claimant should only receive EUR 421,66 as a salary,
considering that the Contract expired on 23 May 2023, and she only worked for 23 days in
the month of May 2023, thus entitling her only to a pro-rata calculation.
9.
Furthermore, the Respondent outlined that the Contract did stipulate that it would have to
provide a flight ticket to the Claimant, however, not to provide a reimbursement for a ticket
booked by the Claimant herself, at an unknown and arbitrary expense.
10. Consequently, the Respondent requested that the salary for May 2023 be reduced to
EUR 421.66, and that the flight ticket should be waived entirely, or at least reduced to an
amount of “no more than EUR 310”.
pg. 4
REF. FPSD-13204
III. 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 Single Judge) analysed whether it was competent to deal with the case at hand. In this
respect, he took note that the present matter was presented to FIFA on 2 January 2024 and
submitted for decision on 6 March 2024. 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 February 2024 edition), the Single Judge
is competent to deal with the matter at stake, which concerns an employment-related
dispute with an international dimension between an American player and a Spanish club.
13. Subsequently, the Single Judge analysed which regulations should be applicable as to the
substance of the matter. In this respect, he confirmed that, in accordance with art. 26 par.
1 and 2 of the Regulations on the Status and Transfer of Players (February 2024 edition),
and considering that the present claim was lodged on 2 January 2024, the May 2023 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 he 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. Its competence and the applicable regulations having been established, the Single Judge
entered into the merits of the dispute. In this respect, he 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 he will refer only to the
facts, arguments and documentary evidence, which he considered pertinent for the
assessment of the matter at hand.
pg. 5
REF. FPSD-13204
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 the parties dispute the Respondent’s obligation to
remit some of the financial obligations outlined in the Contract.
17. In particular, the Single Judge observed that, whilst agreeing that the Respondent did not
remit the salary of May 2023, the parties disagree on the amount actually payable.
18. Moreover, the Single Judge noted that the Respondent contested the obligation to
reimburse the Claimant for any amounts related to her flight back to the USA, considering
that she booked the ticket herself and provided no proof of any costs incurred in that
regard.
19. Thus, the Single Judge determined that his task was to establish the amount payable to the
Claimant may be, pursuant to the Contract and the evidence on file, and subsequently what
the consequences of any non-payment may be.
20. With this in mind, the Single Judge moved on to consider the first point disputed between
the parties, namely the amount payable in respect of the salary for May 2023.
21. In this context, the Single Judge concurred with the argumentation provided by the
Respondent, namely that the salary for said period should be calculated pro-rata, according
to the number of days actually worked by the Claimant. This line of reasoning was
particularly supported by the fact that the Claimant did not provide any evidence of any
other agreement in place, pursuant to which the parties may have agreed for the salary of
May 2023 to be paid out in full (as any other month).
22. Consequently, the Single Judge decided that, for the monthly salary for May 2023, the
Claimant is entitled to receive an amount of EUR 421.66.
23. As for the reimbursement of the flight ticket, the Single Judge firstly remarked that the
obligation to provide a flight ticket under the Contract was uncontested. Despite the fact
that the Claimant had allegedly not requested any ticket, the Single Judge noted that the
Contract had not provided any specific procedure for the Claimant to request such ticket.
Thus, the Single Judge decided that a reimbursement was payable to the Claimant.
24. In respect of such reimbursement, the Single Judge opined that the Contract did not
ascertain any particular airports from and towards a flight would be booked by the
Respondent on the Claimant’s behalf. Moreover, the Single Judge was of the opinion that
an accurate amount for the cost of the Claimant’s ticket (as it was partially paid in
redeemable airline points) could not be ascertained based purely on the invoice provided.
pg. 6
REF. FPSD-13204
25. Consequently, the Single Judge referred to FIFA travel and was able to establish, based on
its determination, that a one-way flight ticket between Madrid and Seattle (as the one taken
by the Claimant when travelling home) would cost CHF 1,300.
26. In conclusion, the Single Judge decided that the Respondent had to reimburse the Claimant
the cost of CHF 1,300 for her expense of a flight ticket.
27. Lastly, taking into account his jurisprudence, as well as the request for relief of the
Claimant, the Single Judge decided that interest of 5% p.a. was applicable on the
abovementioned amounts as from 1 June 2023 until the date of effective payment.
ii. Compliance with monetary decisions
28. 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 his 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.
29. 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.
30. 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.
31. 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.
32. 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.
pg. 7
REF. FPSD-13204
d. Costs
33. 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.
34. 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.
35. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief
made by any of the parties.
pg. 8
REF. FPSD-13204
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jenna Marie Holtz, is partially accepted.
2.
The Respondent, C.F. Femenino Caceres, must pay to the Claimant the following amount(s):
- EUR 421.66 as outstanding remuneration plus 5% interest p.a. as from 1 June 2023 until
the date of effective payment;
- CHF 1,300 as outstanding expenses plus 5% interest p.a. as from 1 June 2023 until 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 art. 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
pg. 9
REF. FPSD-13204
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
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pg. 10