F.I.F.A. – Players’ Status Committee / Commissione per lo Status dei Calciatori – players’ and match agents disputes / controversie agenti di calciatori – (2020-2021) – fifa.com – atto non ufficiale – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, on 23 March 2021

Decision of the

Single Judge of the PSC

passed on 23 March 2021

regarding an employment-related dispute concerning the coach Steven Polack

COMPOSITION:

Vitus Derungs (Switzerland), Single Judge of the PSC

CLAIMANT:

Steven Polack, Finland

RESPONDENT:

Gor Mahia FC, Kenya

I. Facts

1. On 7 August 2019, the parties concluded an employment agreement as “Head Coach” valid for two years.

2. On 5 October 2020, the parties concluded a mutual termination agreement stipulating the following:

“The club will pay the employee Steven Polack compensation of 14,900 Thousand United State Dollars in two instalments, First instalment of 7,450 USO to be paid into the employee's Finnish account by the 31st October 2020, Second instalment of 7,450 USD to be paid into employee's Finnish account by the 30th November 2020.

September 2020 Salary 4,500 USD

Match winning Bonus 1,400 USD

Two Months Severance pay 9,000 USD

Total of: 14,900 USD

The club is fully responsible for all Taxes and unpaid rent which is stated clearly in my contract”

3. On 1 December 2020, the coach lodged a claim before FIFA for outstanding remuneration, stating that he did not receive any of the amount as stated in the termination agreement.

4. Despite being invited to do so, the Respondent failed to reply to the claim.

II. Considerations of the Single Judge of the PSC

1. First of all, the Single Judge of the PSC (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the case at hand. Taking into account the wording of art. 21 of the January 2021 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.

2. Subsequently, the Single Judge of the PSC referred to art. 3 par. 1 of the Procedural Rules and emphasised that, in accordance with art. 24 par. 1 in combination with art. 22 lit. c) of the Regulations on the Status and Transfer of Players, the Single Judge of the PSC is competent to deal with matters which concern employment-related disputes with an international dimension between a coach and a club.

3. In continuation, the Single Judge of the PSC analysed which edition of the Regulations of the Status and Transfer of Players should be applicable to the present matter. In this respect, the Single Judge of the PSC confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and considering the date when the claim was lodged, the January 2021 edition of the aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at hand.

4. With the above having been established, the Single Judge of the PSC entered into the substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the documents contained in the file. However, the Single Judge of the PSC emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.

5. In this respect, the Single Judge noted that, on 7 August 2019, the parties concluded an employment agreement as “Head Coach” valid for two years and that, on 5 October 2020, the parties concluded a mutual termination agreement by means of which, inter alia, the Respondent agreed to pay the amount of USD 14,900 to the Claimant.

6. Subsequently, the Single Judge observed that the coach lodged a claim before FIFA for outstanding remuneration, stating that he did not receive any of the amount as stated in the termination agreement.

7. Moreover, the Single Judge of the PSC 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 Single Judge of the PSC was of the opinion that the Respondent renounced its right of defence and, thus, accepted the allegations of the Claimant.

8. Furthermore, as a consequence of the aforementioned consideration, the Single Judge of the PSC concurred that in accordance with art. 9 par. 3 of the Procedural Rules, it 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.

9. In this respect, and after duly verifying the contents of the termination agreement, the Chamber noted that it stipulated the following:

“The club will pay the employee Steven Polack compensation of 14,900 Thousand United State Dollars in two instalments, First instalment of 7,450 USD to be paid into the employee's Finnish account by the 31st October 2020, Second instalment of 7,450 USD to be paid into employee's Finnish account by the 30th November 2020.

September 2020 Salary 4,500 USD

Match winning Bonus 1,400 USD

Two Months Severance pay 9,000 USD

Total of: 14,900 USD

The club is fully responsible for all Taxes and unpaid rent which is stated clearly in my contract”

10. In this respect, the Chamber observed that the Claimant sufficiently justified his request with documentary evidence.

11. Consequently, in strict application of the principle of pacta sunt servanda, the Single Judge of the PSC established that the Respondent has to pay to the Claimant, the total outstanding amount of USD 14,900, as agreed in the contract concluded on 1 December 2020.

12. In addition, the Single Judge of the PSC referred to the Covid-19 Football Regulatory Issues – FAQ, published on 11 June 2020 which establish that, given the current circumstances, for any claim lodged between 10 June 2020 and 31 December 2020 (both inclusive), there will be no requirement to pay an advance of costs and no procedural costs shall be ordered.

III. Decision of the Single Judge of the PSC

1. The claim of the Claimant, Steven Polack, is accepted.

2. The Respondent, Gor Mahia FC, has to pay to the Claimant, the outstanding amount of USD 14,900.

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 psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages (English, French, German, Spanish).

6. In the event that the amount due is not paid by the Respondent within 30 days, as from the notification by the Claimant of the relevant bank details to the Respondent, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee.

7. This decision is rendered without costs.

For the Single Judge of the PSC:

Emilio García Silvero

Chief Legal & Compliance Officer

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 | psdfifa@fifa.org | T: +41 (0)43 222 7777