F.I.F.A. – Camera di Risoluzione delle Controversie (2015-2016) – controversie di lavoro – ———- F.I.F.A. – Dispute Resolution Chamber (2015-2016) – labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 3 September 2015, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Diallo (France), member Mohamed Mecherara (Algeria), member Johan van Gaalen (South Africa), member Leonardo Grosso (Italy), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute arisen between the parties

F.I.F.A. - Camera di Risoluzione delle Controversie (2015-2016) - controversie di lavoro - ---------- F.I.F.A. - Dispute Resolution Chamber (2015-2016) - labour disputes – official version by www.fifa.com – Decision of the Dispute Resolution Chamber passed in Zurich, Switzerland, on 3 September 2015, in the following composition: Thomas Grimm (Switzerland), Deputy Chairman Philippe Diallo (France), member Mohamed Mecherara (Algeria), member Johan van Gaalen (South Africa), member Leonardo Grosso (Italy), member on the claim presented by the player, Player A, country B as Claimant against the club, Club C, country D as Respondent regarding an employment-related dispute arisen between the parties I. Facts of the case 1. On 5 August 2013, the player from country B, Player A (hereinafter: the player or the Claimant), and the club from country D, Club C (hereinafter: the club or the Respondent), entered into an employment contract valid as from the date of signature until 31 May 2014. 2. On 3 May 2014, the Claimant signed a “Letter of Release” by means of which he declared the following: “(…) I came to an agreement about the payment in the amount of 268,250 on the date of the signing of the release letter in return for all the outstanding receivable amount that is belonging to the season 2013-2014. I accept the offer for the payment of the outstanding receivable amount by check on the date of 31.12.2014 in the amount of 268,250 and I also declare that I was granted the check and will not raise further material or immaterial claims. I also declare that I have no outstanding receivable amount in whatsoever nature and I will not claim anything else in material or in immaterial way and I release the club as of today forever and retrospectively from all the liabilities.” 3. On 3 June 2015, the Claimant lodged a claim against the Respondent in front of FIFA, requesting to be awarded the amount of 268,250 plus 5% interest as from 31 December 2014, as well as the costs of proceedings and legal fees. 4. The Claimant explained that when he tried to cash the check it was “without coverage”. As a result, on 2 March 2015, he sent a letter to the Respondent asking it to settle the debt until 6 March 2015, however no reply was received. 5. In its reply, the Respondent referred to the “Letter of Release” and stressed that the Claimant “had been granted the check” and had confirmed that he “shall not raise further material or immaterial claims”. Therefore, the Respondent held that it did not owe the player any amount. II. Considerations of the Dispute Resolution Chamber 1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as the Chamber or DRC) analysed whether it was competent to deal with the case at hand. In this respect, it took note that the present matter was submitted to FIFA on 3 June 2015. Consequently, the 2015 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) is applicable to the matter at hand (cf. article 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 2 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2015), 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 player from country B and a club from country D. 3. Furthermore, the Chamber analysed which edition of the Regulations on the Status and Transfer of Players 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 Players (edition 2015) and reiterating that the present claim was lodged in front of FIFA on 3 June 2015, the 2015 edition of said regulations (hereinafter: 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, and entering into the substance of the matter, the Chamber started by acknowledging the above-mentioned facts as well as the documentation contained in the file. 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. First of all, the members of the Chamber acknowledged that it remained undisputed between the parties that the Respondent acknowledged a debt towards the Claimant of 268,250 in the “Letter of Release” dated 3 May 2014, which would be paid via check on 31 December 2014. 6. In continuation, the members of the Chamber noted that the Claimant lodged a claim against the Respondent in front of FIFA for the amount of 268,250 plus 5% interest, as well as the costs of proceedings and legal fees, maintaining that the check issued by the Respondent was not covered. 7. Finally, the Chamber observed that the Respondent maintained that it did not owe the Claimant any amount, since the Claimant had received the check and had confirmed in the “Letter of Release” dated 3 May 2014 that he would not raise any further claim. 8. Having taken into consideration the previous considerations, the Chamber wished to outline that it finds it evident from the content of the “Letter of Release” that the Claimant would solely not raise a claim against the Respondent if he would have received the amount 268,250 on 31 December 2014. In the Chamber’s opinion, the “Letter of Release” of 3 May 2014 cannot be interpreted as if the Claimant agreed to receive a future entitlement and, at the same time, committed to not raise any claim regarding that very same future entitlement, if that future payment would not have been made. In other words, the Chamber finds that the Claimant did not waive its entitlement to the amount of 268,250 on 3 May 2014, when the payment was to be received on 31 December 2014 only, i.e. more than 7 months later. As a consequence, the Chamber concludes that the Claimant is in a position to claim the amount of 268,250. 9. As a result, and considering that the Respondent did not indicate or prove that the relevant amount had in fact been received by the Claimant, the Chamber concluded that the Claimant is entitled to the amount of 268,250. 10. In this regard, the DRC decided as well that the Claimant has to return to the Respondent the check amounting to 268,250. 11. In continuation and with regard to the Claimant's request for interest, the Chamber decided that the Claimant is entitled to receive interest at the rate of 5% p.a. on the amount of 268,250 as from 1 January 2015. 12. Finally, the Dispute Resolution Chamber decided to reject the Claimant’s claim pertaining to legal costs and costs of the proceedings in accordance with art. 18 par. 4 of the Procedural Rules and the Chamber’s respective longstanding jurisprudence in this regard. ***** III. Decision of the Dispute Resolution Chamber 1. The claim of the Claimant, Player A, is accepted. 2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of the present decision, the amount of 268,250 plus 5% interest p.a. on said amount as from 1 January 2015 until the date of effective payment. 3. In the event that the amount due is not paid within the stated time limit, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision. 4. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittance is to be made and to notify the Dispute Resolution Chamber of every payment received. ***** Note relating to the motivated decision (legal remedy): According to art. 67 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, a copy of which we enclose hereto. 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 (cf. point 4 of the directives). 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: info@tas-cas.org www.tas-cas.org For the Dispute Resolution Chamber: Markus Kattner Acting Secretary General Encl. CAS directives