Labour Disputes
Texto da decisão
Decis ion of the
Dis pute Res olution Cham ber
passed in Zurich, Switzerland, on 29 January 2020,
in the following composition:
Geoff Thom ps on (England), Chairman
Alex andra Góm ez (Uruguay / the Netherlands ), member
Daan De Jong (the Netherlands ), member
on the claim presented by the player,
Branis lav Jov anov ić, Serbia
represented by Mr Hrvoje Raic
as Claimant
against the club,
Hapoel Ram at Gan As i , Israel
represented by Mr Omri Applebaum
as Respondent
regarding an employment-related dispute between the parties
I.
Facts of the cas e
1.
On 29 and on 31 July 2018, the Serbian player, Branislav Jovanovic (hereinafter: the
player or the Claimant) and the Israeli club (hereinafter: the club or the Respondent)
(hereinafter jointly referred to as the parties) signed an employment contract
(hereinafter: the contract) and its annex (hereinafter: the annex) (hereinafter jointly
referred to as the contractual documents) valid “in respect of 2018/19 and 2019/2020
seasons, until May 31th, 2020”.
2.
According to article 3 of the annex, the player was entitled to receive, inter alia, the
following remuneration:
a. For the 2018/2019 season:
i.
Israeli New Shekel (ILS) 135,000 as a salary payable in 10 monthly
installments of ILS 13,500 each;
ii.
ILS 7,500 as a maximum monthly accommodation contribution;
iii.
4 flight tickets “to travel to Serbia in the end and the beginning
of every season”.
b. For the 2019/2020 season:
i.
Israeli New Shekel (ILS) 144,000 as a salary payable in 10 monthly
installments of ILS 14,400 each;
ii.
ILS 7,500 as a maximum monthly accommodation contribution;
iii.
4 flight tickets “to travel to Serbia in the end and the beginning
of every season”.
3.
In accordance with the information available in the Transfer Matching System (TMS),
the sporting season in Israel starts on 30 July of the relevant season and ends on 30
May of the consecutive year.
4.
Article 3.5 of the annex provided, inter alia, that “[The club] will be responsible for
renting a furnished 3 beds apartment for the player (…). [The club] will bear the fixed
costs of the apartment till the amount of ILS 7,500, including municipality taxes,
electricity (…) and [the player] will pay all variable expenses for, cables, phone etc.
(…)”.
5.
In addition, article 3.6 read as follows: “Any damages caused by [the player] or his
acquaintances will be [the player] sole responsibility”.
6.
On 29 December 2018, the player put the club in default to comply with its financial
commitments and requested the payment of ILS 26,665, corresponding to outstanding
salaries and monthly accommodation contributions as from August until November
2018. In addition, the player requested the reimbursement of EUR 1,075 corresponding
to 3 flight tickets as well as his “reintegration in the training process of [the club]” since
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
Page 2 of 14
he was sent to train separately. The player set a 15 days’ deadline in order to remedy
the default.
7.
On 8 January 2019, the club replied to the player’s default by partially rejecting his
request and referred to alleged breaches of the contract made by the player which
allegedly led to the imposition of a fine in the amount of ILS 5,200. In addition, the
club deemed that it had to pay management, gas and water costs amounting to ILS
6,713. As a consequence of said deductions, the club sustained that it owed the player
the amount of ILS 11,282 which would be available to the player prior to the end of
the current transfer window, as it had “announced the player that the contract is
cancelled and [the player] is not included in the professional program of the club”.
8.
On 10 January 2019, the player rejected the club’s position and acknowledged said
position to be the club’s unilateral termination of the contract and its annex. As a
consequence, the player put the club in default a second time requesting it to pay him
outstanding remuneration corresponding to the outstanding salaries and monthly
accommodation contributions as from August 2018 until 8 January 2019, the
reimbursement of the flight tickets as previously requested as well as compensation for
breach of contract, setting a 10 days’ deadline in order to remedy the default.
9.
On 16 January 2019, the club requested the player’s bank details in order to pay him
the undisputed sums according to its calculations, which the player provided the club
with on 18 January 2019, however to no avail.
10.
On 15 March 2019, the player lodged a claim before FIFA against the club for breach
of contract, requesting the following:
a. Outstanding remuneration:
i. ILS 42,165 composed of :
- ILS 165 as the residual salary for August 2018;
- ILS 13,500 as the salary for September 2018;
- ILS 1,500 as the residual salary for October 2018,
- ILS 3,500 as the residual salary for November 2018;
- ILS 13,500 as the salary for December 2018;
- ILS 10,000 as the accommodation contribution corresponding to five
monthly amounts of ILS 2,000 each as from August until December 2018;
ii. EUR 1,075 as three flight tickets.
b. Compensation for breach of contract:
i. ILS 245,500 corresponding to compensation for breach of contract;
ii. EUR 1,500 as five return flight tickets.
11.
In addition, the player further requested late payment interest at a rate of 5% p.a. on
the aforementioned sums as of the respective due dates as well as sporting sanctions
to be imposed on the club.
12.
According to the player, prior to his first default notice, the club excluded him from the
training process of the senior team and failed to pay him his financial dues as per the
contract and its annex.
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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13.
In continuation, the player sustained that despite having simply requested to
reintegrate the team and receive his outstanding dues, the club failed to fulfill said
requests and “instead, with no intention of meeting [the player]’s requests, issued and
delivered (…) a letter which stipulated that [the club] cancelled [the contract] and [the
annex] due to the alleged [player]’s fundamental violations of [the contract] and [the
annex] (…) and that [the club] imposed a fine on [the player]”.
14.
Following the subsequent correspondence between the parties, the player underlined
that the club failed to pay him any amount and, as a consequence, he held that he had
no other choice than to lodge the present claim for breach of contract.
15.
In its reply to the claim, the club firstly held that due to the fact that the player allegedly
refused to live in the apartment offered to him by the club and expressed his desire to
live in a “prestigious neighbourhood”, the club agreed to pay him the monthly rent up
to ILS 7,500 but refused to pay him “the monthly management fee amounting to ILS
1,371”.
16.
As a consequence, the club explained that it “rightfully” deducted said costs from his
monthly salaries deeming that should the player have accepted the initial
accommodation with a monthly rent amounting to ILS 5,000, the club would have been
obliged to pay all extra sums up to ILS 7,500 as provided in the annex.
17.
Moreover, the club sustained that the player intentionally arrived late and acted in bad
faith before and during a match on 7 December 2018 where he got sent off by the
referee after having insulted him. In support of its arguments, the club provided a copy
of the decision of the Disciplinary Committee of the Israeli Football Federation dated
12 December 2018 allegedly sanctioning him to a 3-match suspension.
18.
In this respect, the club explained that due to the violation of two disciplinary rules, its
Disciplinary Committee sanctioned the player by imposing him a fine in the amount of
ILS 5,200 in accordance with the club’s internal disciplinary code, signed by the parties.
19.
Furthermore, the club sustained that the player “intensively worked also as a car dealer
while being employed by the club”, which according to the club constituted another
“disciplinary code violation”. In support of its arguments, the club provided alleged
screenshots of the player’s Facebook page supposedly proving said allegations.
20.
What is more, the club held that the player left the club without its consent on 28
December 2018 sustaining that he left the rented apartment and returned the car
provided by the club. As a consequence, the club deemed that the player was not
entitled to any compensation due to the unilateral termination of the contract
operated by him.
21.
In continuation, the club argued that the player joined his new club, FK RAD Beograd,
end January 2019 and provided evidence related to his transfer available on the
internet as well as an email correspondence between the two clubs related to the
issuance of the third-party ownership (TPO) documentation. However, the club deemed
that it did not lodge a claim/counterclaim against the player and eventually his new
club due legal expenses of such proceedings.
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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22.
As to the outstanding salaries claimed by the player, the club provided various payment
slips as well as a copy of allegedly uncashed checks in order to prove and justify what
was effectively paid to the player, what was deducted from his salary as “damages”
supported by the club and what the club potentially owed to the player.
23.
In this respect, the club held that it owed the player a total amount of ILS 71,289
according to the contract and its annex. From said amount, the club sustained that it
paid three salaries from August to November amounting to a total of ILS 35,320. As a
consequence, out of ILS 35,320, the club deducted : ILS 12,147 as “unpaid apartment
bills”, ILS 5,200 as the aforementioned fine imposed on the player and ILS 2,350 as
“apartment damages”. The total amount due to the player being ILS 16,272.
24.
What is more, the club argued that after agreement with the owners, it had to pay
three monthly rents for the player’s apartment due to his early and unexpected leave
amounting to ILS 22,500.
25.
As a consequence, the amounts due to the player being less than the damages he
allegedly caused, i.e. “- ILS 6,228”, the club requested the player’s claim to be rejected
in full and its own legal costs to be reimbursed by the player.
26.
In his replica, the player firstly rejected the club’s arguments as to any leave of the
country without its consent and, as a consequence, that he terminated the contract
without just cause.
27.
In this respect the player reminded the content of the club’s reply to his first default
notice which cannot be interpreted differently as a unilateral termination by the club.
28.
Moreover, the player also argued that the disciplinary sanction imposed to him is a
“typical sanction for football as a sport and as such does not indicate that [the player]
did anything intentionally” and entirely contested any alleged bad faith or will to
intentionally damage the team during the aforementioned match. In this respect, the
player also underlined that the club did not raise said issue until the player sent his first
default notice.
29.
Furthermore, as to the apartment issue and the related facts by the club, the player
rejected it entirely and deemed that it was “fabricated”. In addition, the player held
that the rental agreement concluded between the club and the owners was unrelated
with him and, as a consequence, had no link with the dues from the contract and its
annex.
30.
As to the alleged arguments as to any activity as a car dealer, the player denied such
allegations entirely and pointed the lack of proof provided by the club.
31.
In continuation, as to the outstanding amounts and the specification provided by the
club as well as the payment slips in order to demonstrate that the club had no
outstanding debts, the player sustained firstly that the club explicitly recognized having
a debt which is contrary to the club’s position in its reply to the claim. In addition, the
player held that the provided payment slips were unsigned and that the club did not
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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prove anyhow that the player had actually refused to accept any checks nor that he
had been requested to accept them.
32.
What is more, the player held that all deductions applied by the club to the outstanding
salaries were unjustified, arbitrary, invalid and void.
33.
Finally, the player reiterated his initial claim and amended his request for compensation
for breach of contract by requesting the amount of ILS 339,000 corresponding to the
residual value of the contract as from 1 January 2019 until 30 May 2020.
34.
In its duplica, the club contested the player’s arguments sustaining that he only rejected
the club’s reply based on translated evidence which the player did not contest on the
basis of his own evidence which he failed to provide.
35.
This having been said, the club reiterated its position as to the applied sanction due to
his behaviour on 7 December 2018 and the consecutive fine that was imposed to him.
36.
Furthermore, as to the player’s comments as to the apartment issue, the club deemed
that “the fact that the rental agreement between [the club] and a third party (…) does
not make the player’s denial truthful” and reiterated all his previous arguments as to
the rightful deductions operated on the player’s salaries.
37.
What is more, the club explained that the player did not deny having left the country
as from 28 December 2019 and, as a consequence, that the club cannot be held
responsible for terminating the contract on 8 January 2019, i.e. “if 11 days earlier he
already ended [the contract] by leaving Israel permanently”.
38.
Moreover, the club sustained that its calculations as presented and sustained in his reply
to the claim were correct, in contrary to the player’s assertions as well as all the
deductions it rightfully applied.
39.
In addition, the club deemed once again that the player failed to provide a copy of his
new employment contract in order to mitigate any damage which, according to the
club, proved his baseless position.
40.
As a consequence, the club reiterated its position in full as expressed in its reply to the
claim.
41.
Finally, upon FIFA’s request, the player explained that on 24 January 2019, the player
and the Serbian club, FC RAD Belgrade, signed an employment contract valid as from
the date of signature until 30 June 2019, entitling the player to a monthly salary of
Serbian Dinar (RSD) 30,000 (approx. ILS 1,031). Moreover, the player also signed
another contract with the aforementioned club valid as from 21 June 2019 until 30
June 2020, entitling the player to a monthly salary of Serbian Dinar (RSD) 30,000
(approx. ILS 1,031) as well as “EUR 15,000 during the summer transition period of 2019”
(approx. ILS 58,000).
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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II.
Cons iderations of the Dis pute Res olution Cham ber
1.
First of all, the Dispute Resolution Chamber (hereinafter also referred as DRC or
Chamber) analysed whether it was competent to deal with the case at hand. In this
respect, the Chamber took note that the present matter was submitted to FIFA on 15
March 2019. Consequently, the DRC concluded that the 2018 edition of the Rules
Governing the Procedures of the Players’ Status Committee and the Dispute Resolution
Chamber (hereinafter: the Procedural Rules) is applicable to the matter at hand (cf. art.
21 of the Procedural Rules).
2.
Subsequently, the members of the Chamber referred to art. 3 par. 1 of the Procedural
Rules and confirmed 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
2020), 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 Serbian player and an Israeli club.
3.
Furthermore, 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 Player (editions 2020),
and considering that the present claim was lodged on 15 March 2019, the June 2018
edition of said regulations (hereinafter: the Regulations) is applicable to the matter at
hand as to the substance.
4.
The competence of the Chamber and the applicable regulations having been
established, the Chamber entered into the substance of the matter. In this respect, the
Chamber started by acknowledging all the above-mentioned facts as well as the
arguments and the documentation submitted by the parties. 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.
5.
Having said this, the Chamber proceeded with an analysis of the circumstances
surroundings the present matter, the parties’ arguments as well the documentation on
file, bearing in mind art. 12 par. 3 of the Procedural Rules, in accordance with which
any party claiming a right on the basis of an alleged fact shall carry the burden of proof.
6.
First of all, the DRC acknowledged that, on 29 and on 31 July 2018, the Claimant and
the Respondent had concluded an employment contract and its annex valid for two
consecutive sporting seasons until 31 May 2020.
7.
The Chamber further observed that the Claimant lodged a claim in front of FIFA against
the Respondent seeking, after having amended his claim, payment of the total amount
of ILS 381,165 and EUR 2,575, asserting that the Respondent had not fulfilled its
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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contractual obligations towards him. More specifically, the Claimant indicated that the
Respondent had terminated the contractual relationship on 8 January 2019 after
having excluded him from the training process and failed to pay him several
outstanding dues as per the contractual documents. In the Claimant’s opinion and
despite his default notices by means of which he requested to be paid and to
reintegrate the team, the Respondent relied on his alleged violations of the contract
and the annex in order to impose him a fine and cancel the employment relationship.
8.
In continuation, the Chamber observed that the Respondent firstly insisted on several
deductions made to the Claimant’s financial entitlements due to various unpaid rental
costs which had been partially supported by the Respondent. In addition, the Chamber
took note that the Respondent referred to various alleged violations of its internal
disciplinary code, as well as to the specific disciplinary proceedings the Claimant
underwent and to the consecutive fine which had been imposed on him. Finally, the
Respondent deemed that, in its opinion, the Claimant left Israel without its consent on
28 December 2018 and, therefore, that the Claimant was not entitled to any
compensation due to the unilateral termination of the contract operated by him.
9.
In this context, the Chamber acknowledged that it had to examine whether the reasons
put forward by the Respondent could justify the termination of the contract in the
present matter.
10.
In this respect, the Chamber was eager to emphasise that only a breach or misconduct
which is of a certain severity justifies the termination of a contract. In other words, only
when there are objective criteria which do not reasonably permit to expect a
continuation of the employment relationship between the parties, a contract may be
terminated prematurely. Hence, if there are more lenient measures which can be taken
in order for an employer to ensure the employee’s fulfilment of his contractual duties,
such measures must be taken before terminating an employment contract. A
premature termination of an employment contract can only ever be an ultima ratio
measure.
11.
In view of the above, the Chamber first of all underlined that the Respondent failed to
provide any evidence in support of its allegations as to the alleged termination of the
contract (without just cause) by the Claimant in December 2018. As a consequence, due
to the content of the Respondent’s letter of 8 January 2019 and the subsequent
correspondence between the parties, the members of the Chamber deemed that the
club terminated the contract on said date.
12.
In addition, after a careful analysis of the arguments and the evidence provided by the
parties, the Chamber held that there was no evidence provided that the Claimant had
been duly informed of the aforementioned fine imposed on him prior to his first
default notified to the Respondent. In this respect, the Chamber also underlined that
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
Page 8 of 14
no evidence nor information related to the above-mentioned disciplinary proceedings
were communicated to the player on 8 January 2019 in order for him to exercise his
right of defense. On the contrary, the Chamber sustained that the Respondent clearly
acknowledged a partial debt recognition and, in addition, sustained that it it would
not lodge a claim/counterclaim against the player and eventually his new club due legal
expenses of such proceedings.
13.
Moreover, the Chamber also held that, despite several elements and explanations
provided by the Respondent as to the various rental issues related to the Claimant, no
evidence had been provided in order to justify any violation of its disciplinary code and
the deductions to be made to the Claimant’s financial dues, i.e. no evidence provided
as to the payment of a “monthly management fee” linked to the first rental contract
allegedly refused by the Claimant and to the alleged initial rent offered to the player,
nor as to any unpaid costs related to the Claimant’s rental allegedly left at the
Respondent’s charge. Finally, the Chamber also underlined that the Respondent failed
to evidence the alleged payment of the Claimant’s monthly salaries from August to
November 2018.
14.
On account of the above, the Chamber decided that the Respondent had no just cause
to unilaterally terminate the employment relationship between the Claimant and the
Respondent and, therefore, concluded that the Respondent had terminated the
employment contract without just cause on 8 January 2019 and that, consequently, the
Respondent is to be held liable for the early termination of the employment contact
without just cause.
15.
Bearing in mind the previous considerations, the Chamber went on to deal with the
consequences of the early termination of the employment contract without just cause
by the Respondent.
16.
First of all, the members of the Chamber concurred that the Respondent must fulfill its
obligations as per the employment contract in accordance with the general legal
principle of “pacta sunt servanda”. Consequently, the Chamber decided that the
Respondent is liable to pay to the player the remuneration that was outstanding at the
time of the termination considering that no salary deduction had been substantiated,
i.e. the amount of ILS 42,165 as a consequence of the termination without just cause
on 8 January 2019.
17.
Furthermore, considering the player’s claim for interest and also taking into account
the Chamber’s longstanding jurisprudence, the Chamber ruled that the club must pay
5% interest p.a. on the amount of ILS 42,165, as from the due dates until the date of
effective payment, as follows:
i.
ii.
as from 1 September 2018 on the amount of ILS 2,165;
as from 1 October 2018 on the amount of ILS 15,500;
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
Page 9 of 14
iii.
iv.
v.
as from 1 November 2018 on the amount of ILS 3,500;
as from 1 December 2018 on the amount of ILS 5,500;
as from 1 January 2019 on the amount of ILS 15,500.
18.
Having established that the Respondent is to be held liable for the early termination
of the employment contract without just cause, the Chamber focused its attention on
the consequences of such termination. Taking into consideration art. 17 par. 1 of the
Regulations, the Chamber decided that the Claimant would, in principle, be entitled to
receive from the Respondent an amount of money as compensation for breach of
contract.
19.
In continuation, the Chamber focused its attention on the calculation of the amount
of compensation for breach of contract in the case at stake. In doing so, the members
of the Chamber firstly recapitulated that, in accordance with art. 17 par. 1 of the
Regulations, 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.
20.
In application of the relevant provision, the Chamber held that it first of all had to
clarify as to whether the pertinent employment contract contains a provision by means
of which the parties had beforehand agreed upon an amount of compensation payable
by the contractual parties in the event of breach of contract. In this regard, the
Chamber established that no such compensation clause was included in the
employment contract at the basis of the matter at stake.
21.
As a consequence, the members of the Chamber determined that the amount of
compensation payable by the Respondent to the Claimant had to be assessed in
application of the other parameters set out in art. 17 par. 1 of the Regulations. The
Chamber recalled that said provision provides for a non-exhaustive enumeration of
criteria to be taken into consideration when calculating the amount of compensation
payable. Therefore, other objective criteria may be taken into account at the discretion
of the deciding body. In this regard, the Dispute Resolution Chamber emphasised
beforehand that each request for compensation for contractual breach has to be
assessed by the Chamber on a case-by-case basis taking into account all specific
circumstances of the respective matter.
22.
The Chamber then turned its attention to the remuneration and other benefits due to
the Claimant under the existing contract and/or the new contract, which criterion was
considered by the Chamber to be essential. The members of the Chamber deemed it
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
Page 10 of 14
important to emphasise that the wording of art. 17 par. 1 of the Regulations allows the
Chamber to take into account both the existing contract and the new contract, if any,
in the calculation of the amount of compensation.
23.
Bearing in mind the foregoing, the Chamber proceeded with the calculation of the
monies payable to the player under the terms of the employment contract as from the
date of termination with just cause by the Claimant until its natural expiration, bearing
in mind that he would have received in total ILS 339,000 as remuneration for the period
as from January 2019 until May 2020. Consequently, the Chamber concluded that the
amount of ILS 339,000 serves as the basis for the final determination of the amount of
compensation for breach of contract in the case at hand.
24.
In continuation, the Chamber 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 of the DRC, 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 player’s general obligation to mitigate his
damages.
25.
In this respect, the Chamber recalled that the Claimant had found new employment
with the Serbian club, FC RAD Belgrade, as from 24 January 2019 until 30 June 2020,
which remuneration during the overlapping period shall be deducted, leading to a
mitigated compensation in the amount of ILS 264,504.
26.
In addition, taking into account the Claimant’s request and the DRC’s well-established
jurisprudence, the Chamber decided that the Respondent must pay to the Claimant
interest of 5% p.a. on the amount of ILS 264,504 as of the date on which the claim was
lodged, i.e. 15 March 2019, until the date of effective payment.
27.
Moreover, in accordance with the practice of the DRC, the player is entitled to one
flight ticket back to his country which’s price amounts to approx. USD 400 (approx. ILS
1,389).
28.
The DRC concluded its deliberations by establishing that the Claimant’s claim is partially
accepted and by rejecting any further claim of the Claimant.
29.
Furthermore, taking into account the consideration under number II./3. above, the
Chamber referred to par. 1 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.
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30.
In this regard, the Chamber established that, in virtue of the aforementioned provision,
it has competence to impose a sanction on the Respondent. More in particular, the DRC
pointed out that, against clubs, the sanction shall consist in a ban from registering any
new players, either nationally or internationally, up until the due amount is paid and
for the maximum duration of three entire and consecutive registration periods.
31.
Therefore, bearing in mind the above, the DRC decided that, in the event that the
Respondent does not pay the amount due to the Claimant within 45 days as from the
moment in which the Claimant, following the notification of the present decision,
communicates the relevant bank details to the Respondent, a ban from registering any
new players, either nationally or internationally, for the maximum duration of three
entire and consecutive registration periods shall become effective on the Respondent
in accordance with art. 24bis par. 2 and 4 of the Regulations.
32.
Finally, the Chamber recalled that the above-mentioned sanction will be lifted
immediately and prior to its complete serving upon payment of the due amounts, in
accordance with art. 24bis par. 3 of the Regulations.
III.
Decision of the Dis pute Res olution Cham ber
1.
The claim of the Claimant, Branislav Jovanović, is partially accepted.
2.
The Respondent, Hapoel Ramat Gan Asi, has to pay to the Claimant outstanding
remuneration in the amount of ILS 42,165, plus interest at the rate of 5% p.a. until the
date of effective payment, as follows :
vi.
as from 1 September 2018 on the amount of ILS 2,165;
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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vii.
viii.
ix.
x.
as from 1 October 2018 on the amount of ILS 15,500;
as from 1 November 2018 on the amount of ILS 3,500;
as from 1 December 2018 on the amount of ILS 5,500;
as from 1 January 2019 on the amount of ILS 15,500.
3.
The Respondent has to pay to the Claimant compensation for breach of contract in the
amount of ILS 264,504, plus interest at the rate of 5% p.a. as from 15 March 2019 until
the date of effective payment.
4.
The Respondent has to pay to the Claimant the amount of USD 400.
5.
Any further claim lodged by the Claimant is rejected.
6.
The Claimant is directed to inform the Respondent, immediately and directly,
preferably to the e-mail addresses as indicated on the cover letter of the present
decision, of the relevant bank account to which the Respondent must pay the amounts
plus interest mentioned under point 2, 3 and 4 above.
7.
The Respondent shall provide evidence of payment of the due amounts plus interest in
accordance with point 2, 3 and 4 above to FIFA to the e-mail address [email protected],
duly translated, if need be, into one of the official FIFA languages (English, French,
German, Spanish).
8.
In the event that the amounts due plus interest in accordance with point 2, 3 and 4
above are not paid by the Respondent w ithin 45 day s as from the notification by the
Claimant of the relevant bank details to the Respondent, the Respondent shall be
banned from registering any new players, either nationally or internationally, up until
the due amounts plus interest are paid and for the maximum duration of three entire
and consecutive registration periods (cf. art. 24bis of the Regulations on the Status and
Transfer of Players).
9.
The ban mentioned in point 8 above will be lifted immediately and prior to its complete
serving, once the due amounts are paid.
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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10.
In the event that the aforementioned sums plus interest are still not paid by the end of
the ban of three entire and consecutive registration periods, the present matter shall
be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a
formal decision.
*****
Note related to the publication:
The FIFA administration may publish decisions issued by the Players’ Status Committee or the
DRC. Where such decisions contain confidential information, 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 Rules Governing the Procedures of the
Players’ Status Committee and the Dispute Resolution Chamber).
Note related to the appeal procedure:
According to art. 58 par. 1 of the FIFA Statutes, this decision may be appealed against before
the Court of Arbitration for Sport (CAS). The statement of appeal must be sent to the CAS
directly within 21 days of receipt of notification of this decision and shall contain all the
elements in accordance with point 2 of the directives issued by the CAS. Within another 10
days following the expiry of the time limit for filing the statement of appeal, the appellant
shall file a brief stating the facts and legal arguments giving rise to the appeal with the CAS.
The full address and contact numbers of the CAS are the following:
Court of Arbitration for Sport
Avenue de Beaumont 2
1012 Lausanne
Switzerland
Tel: +41 21 613 50 00
Fax: +41 21 613 50 01
e-mail: [email protected]
www.tas-cas.org
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Player Branislav Jovanovic, Serbia / Club Hapoel Ramat Gan Asi, Israel
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