Labour Disputes
Texto da decisão
REF 19-01224
Decision of the
DRC Judge
passed in Zurich, Switzerland, on 15 July 2020,
regarding an employment-related dispute concerning the player Inacio Queven Da Silva
BY:
Johan v an Gaalen (South Africa), DRC Judge
CLAIMANT:
Inacio Queven Da Silva, Brazil
Represented by Mr. Felipe Augusto Loschi Crisfulli
RESPONDENT:
AO Kassiopi FC, Greece
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REF 19-01224
I. FACTS OF THE CASE
1.
On 31 July 2018, the Claimant and the Respondent signed an employment contract, valid
between 31 July 2018 and 30 June 2019.
2.
According to the article 4 of the contract, the player was entitled to receive to a monthly
remuneration of EUR 570.75, as well as an additional amount of EUR 8,760, payable in 10
instalments in the period between August 2018 and May 2019 on the 30th day of each month,
however in February 2019 on the 28th day of said month.
3.
Furthermore, article 4 of the contract stipulated that the Claimant is entitled to “use of house”,
without any amount specified.
4.
On 6 May 2019, the Claimant put the Respondent in default for the outstanding salaries due
until 25 April 2020, and sent a default letter to the Respondent, requesting the payment of
EUR 5,094 and granting a deadline of 72 hours to remedy the situation.
5.
The Respondent failed to reply to the default letter, or to comply with the Claimant’s request
laid down in the mentioned default letter.
6.
On 6 June 2020, the Claimant lodged a claim against the Respondent in front of FIFA, claiming
outstanding remuneration and compensation for breach of contract, requesting the total
amount of EUR 11,470.50, plus 5% interest p.a. until the day of effective payment, broken
down as follows:
7.
EUR 7,870.50 as outstanding remuneration, corresponding to the period between July
2018 and June 2019;
EUR 3,600 as accommodation costs for the period between July 2018 and June 2019,
based on a monthly payment of EUR 300.
Despite having been invited to do so, the Respondent failed to reply to the claim.
II. CONSIDERATIONS OF THE DISPUTE RESOLUTION CHAMBER
1.
First of all, the Dispute Resolution Chamber Judge (hereinafter: the DRC Judge) analysed whether
he was competent to deal with the case at hand. In this respect, he referred to the wording of
art. 21 of the 2019 edition of the Rules Governing the Procedures of the Players’ Status
Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules) as well as to
the fact that the present matter was submitted to FIFA on 6 May 2020 and decided on 15 July
2020. Therefore, the DRC Judge concluded that the 2019 edition of the Procedural Rules is
applicable to the matter at hand.
2. Furthermore, the DRC 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
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REF 19-01224
Regulations on the Status and Transfer of Players, and considering that the present claim was
lodged on 6 May 2020, the March 2020 edition of said regulations (hereinafter: the Regulations)
is applicable to the matter at hand as to the substance.
3. Subsequently, the DRC Judge referred to art. 3 par. 1 and 2 of the Procedural Rules and confirmed
that, in accordance with art. 24 par. 1 and 2 in combination with art. 22 lit. b of the Regulations,
he is competent to adjudicate on the present employment-related dispute between a Brazilian
player and a Greek club.
4. His competence and the applicable regulations having been established, the DRC Judge entered
into the substance of the matter, by acknowledging the above-mentioned facts as well as the
documentation contained in the file in relation to the substance of the matter. However, the DRC
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.
5. In this respect, the DRC judge acknowledged that the parties to the dispute had signed a valid
employment contract on 31 July 2018, in accordance with which the Respondent would pay the
Claimant a monthly remuneration of EUR 570.75, as well as an additional amount of EUR 8,760,
payable in 10 instalments in the period between August 2018 and May 2019.
6. Subsequently, the DRC judge noted that the Respondent failed to present its response to the
claim of the Claimant, in spite of having been invited to do so. By not presenting its position to
the claim, the DRC judge was of the opinion that the Respondent renounced its right of defence
and, thus, accepted the allegations of the Claimant.
7. Furthermore, as a consequence of the aforementioned consideration, the DRC judge concurred
that in accordance with art. 9 par. 3 of the Procedural Rules, he shall take a decision upon the
basis of the documentation already on file; in other words, upon the statements and documents
presented by the Claimant.
8. In this respect, the DRC judge took into consideration that according to the Claimant, he should
have been entitled to the amount of EUR 16,750.50, however, the Respondent had failed to pay
him his remuneration in the amount of EUR 7,870.50 to the period between July 2018 and June
2019, as well as the amount of EUR 3,600 as accommodation costs for the period between July
2018 and June 2019.
9. Consequently, the Claimant requested to be awarded with the payment of the total amount of
EUR 11,470.50 as outstanding remuneration.
10. Taking into account the documentation presented by the Claimant in support of his petition, the
DRC judge concluded that the Claimant had substantiated his claim pertaining to outstanding
remuneration with documentary evidence, however that still an analysis had to be made whether
all amounts claimed could be awarded to the .
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REF 19-01224
11. In particular, the DRC judge acknowledged that the debt until 25 April 2019 in the amount of
EUR 5,094, which has been mentioned in the Claimant’s default letter, had remained
uncontested by the Respondent. What is more, the DRC judge noted that the amounts due to
the Claimant for the period between May and June 2019, as per the content of the contract,
amounted to two payments of EUR 570.75, as well as a one time payment of EUR 876, i.e. the
total amount of EUR 2,015.50
12. As a result, the DRC judge deemed that in the period between August 2018 and June 2019, a
total amount of EUR 7,109.50 had remained outstanding without any valid reason.
13. As to the amount of EUR 3,600, claimed as accommodation costs, the DRC judge noted that
such request should be rejected, as the contract does not specify a monthly amount to be paid
as monthly accommodation costs, nor did the Claimant provide any documentary evidence that
he effectively incurred costs in the amount of EUR 3,600 for the rent of an apartment.
14. On account of the aforementioned considerations, the DRC judge established that the
Respondent failed to remit the Claimant’s monthly remuneration in the total amount of EUR
7,109.50, corresponding to the unpaid part of the remuneration of the Claimant in the period
between August 2019 and May 2020.
15. Consequently, the DRC judge decided that, in accordance with the general legal principle of
pacta sunt servanda, the Respondent is liable to pay to the Claimant outstanding
remuneration in the total amount of EUR 7,109.50.
16. In addition, taking into account the Claimant’s request as well as the constant practice of the
Dispute Resolution Chamber, the DRC judge decided that the Respondent must pay to the
Claimant interest of 5% p.a. on the amount of EUR 7,109.50 as from 6 June 2019 until the date
of effective payment.
17. Finally, the DRC judge concluded his deliberations in the present matter by establishing that
any further claim lodged by the Claimant is rejected.
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REF 19-01224
III. DECISION OF THE DISPUTE RESOLUTION CHAMBER
1.
The claim of the Claimant, Inacio Queven Da Silva, is partially accepted.
2.
The Respondent, AO Kassiopi FC, has to pay to the Claimant, the following amount:
- EUR 7,109.50 as outstanding remuneration plus 5% interest p.a. as from 6 June 2019 until
the date of effective payment.
3.
Any further claims of the Claimant are rejected.
4.
The Claimant is directed to immediately and directly inform the Respondent of the relevant bank
account to which the Respondent must pay the due amount.
5.
The Respondent shall provide evidence of payment of the due amount in accordance with this
decision to [email protected], duly translated, if applicable, into one of the official FIFA languages
(English, French, German, Spanish).
6.
In the event that the amount due, plus interest as established above is not paid by the Respondent
within 45 days, as from the notification by the Claimant of the relevant bank details to the
Respondent, the following consequences shall arise:
1. The Respondent shall be banned 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. The aforementioned ban mentioned will be
lifted immediately and prior to its complete serving, once the due amount is paid.
(cf. art. 24bis of the Regulations on the Status and Transfer of Players).
2. In the event that the payable amount as per in this decision is 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 the FIFA Disciplinary Committee.
For the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
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REF 19-01224
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:
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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