DRC - Preliminary Decisions
Texto da decisão
REF FPSD-12615
Decision of the
Dispute Resolution Chamber
passed on 20 November 2023
regarding an employment-related dispute concerning
the player Karekezi Jean
BY:
Frans de Weger, the Netherlands
CLAIMANT:
Jean Karekezi, Rwanda
Represented by Sports Makers
RESPONDENT:
Posta Rangers Football Club, Kenya
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REF FPSD-12615
I. Facts of the case
1.
On 17 January 2017, the Rwandan player, Jean Karekezi (hereinafter: the player or the
Claimant), and the Kenyan club, Posta Rangers Football Club (hereinafter: the club or the
Respondent), signed an employment contract valid for three years as from the date of
signature (hereinafter: the Contract).
2.
In accordance with clause 6, lit. d) of the Contract, the club undertook to pay to the player
inter alia a monthly salary of KES 70,000.
3.
On 4 January 2018, the player put the club in default of payment of KES 350,000,
corresponding to his salaries from August until December 2017.
4.
On 12 November 2018, the player put the club in default for the second time and
requested payment of his salaries from January until November 2018, within 14 days.
5.
On 23 January 2019, the player put the club in default for the third time. Contextually, he
referred to his previous notices and requested the default to be cured “in less than month”.
6.
On 31 December 2020, 4 January 2021, and 10 November 2022, the player acknowledged
that no payment had been received, hence, requested the club to remedy the situation.
7.
On 10 October 2023, the player (through his legal representatives), addressed another
default notice to the club and requested payment within 10 days of the outstanding
remuneration for 2017 (KES 350,000) and 2018 (KES 770,000).
II. Proceedings before FIFA
8.
On 19 November 2023, the player filed the claim at hand before FIFA.
9.
In his claim, the player referred to his several default notices, which allegedly remained
unanswered by the club. Consequently, the player requested to be awarded his overdue
payables per the Contract, broken down as follows:
a. KES 350,000 as unpaid salaries for the last five months of 2017; and
b. KES 770,000 as unpaid salaries for the last eleven months of 2018.
10. In addition, the player claimed to be entitled to (i) interest of 18% p.a. over the
abovementioned amounts; and (ii) USD 10,000 net as legal fees and costs.
11. On 13 November 2023, the FIFA general secretariat informed the player that the matter
at hand raised a preliminary procedural matter, as the statute of limitations of 2 years
appeared to have elapsed. Consequently, the case would be submitted to an expedited
decision in line with art. 19 of the Procedural Rules Governing the Football Tribunal.
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REF FPSD-12615
III. Considerations of the Dispute Resolution Chamber
12. First of all, the Chairperson of the Dispute Resolution Chamber (hereinafter: the
Chairperson) analysed whether he was competent to deal with the case at hand.
13. In this respect, he took note that the present matter was presented to FIFA on 12
November 2023 and submitted for a preliminary decision on 20 November 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.
14. The Chairperson confirmed that, in accordance with art. 19 par. 1 and 2 of the Procedural
Rules, he is competent to decide, in an expedited manner, whether the case at stake is
affected by any preliminary procedural matter (i.e., if the Football Tribunal obviously does
not have jurisdiction or if the claim is obviously time-barred). Likewise, the Chairperson
highlighted that, in case the claim is not affected by any preliminary procedural matters,
the FIFA general secretariat would be ordered to continue the procedure (cf. art. 19 par.
3 of the Procedural Rules).
15. Subsequently, the Chairperson 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 par. 1 lit. b) of
the Regulations on the Status and Transfer of Players (RSTP) (May 2023 edition), the
Dispute Resolution Chamber would – in principle – be competent to deal with the matter
at stake, which concerns an employment-related dispute with an international dimension
between a Rwandan player and a Kenyan club.
16. Notwithstanding the foregoing, the Chairperson noted that an issue regarding the
admissibility of the present claim was identified by FIFA ex officio.
17. In particular, the Chairperson noted that the present claim appears to be affected by the
statute of limitations of 2 years, as stipulated in the RSTP.
18. At this stage, the Chairperson recalled the wording of art. 23 par. 3 of the May 2023 edition
of the RSTP, which establishes that “The Football Tribunal shall not hear any case subject to
these regulations if more than two years have elapsed since the event giving rise to the dispute.
Application of this time limit shall be examined ex officio in each individual case”.
19. On this note, the Chairperson highlighted that the present claim was lodged in front of
the Football Tribunal on 12 November 2023. Therefore, in line with the cited art. 23 par.
3 of the RSTP, any amounts fallen due before 12 November 2021 are affected by the
statute of limitations.
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REF FPSD-12615
20. Subsequently, the Chairperson outlined that, in the present case, the player requested
the payment of outstanding salaries from 2017 and 2018. As such, the Chairperson
decided that his claim is entirely time-barred, thus inadmissible.
21. Having established the above, the Chairperson 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 Chairperson decided that
no procedural costs were to be imposed on the player.
22. Likewise, and for the sake of completeness, the Chairperson recalled the contents of art.
25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be
awarded in these proceedings.
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REF FPSD-12615
IV. Decision of the Dispute Resolution Chamber
1.
The claim of the Claimant, Jean Karekezi, is inadmissible.
2. This decision is rendered without costs.
For the Football Tribunal:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF FPSD-12615
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
Fédération Internationale de Football Association
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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