F.I.F.A. – Players’ Status Committee / Commissione per lo Status dei Calciatori – coach disputes / controversie allenatori (2017-2018) – fifa.com – atto non ufficiale – Decision of the Single Judge of the Players’ Status Committee passed in Zurich, Switzerland, 11 July 2017

Decision of the Single Judge of the

Players´ Status Committee

passed in Zurich, Switzerland, on 11 July 2017,

by

Mr Geoff Thompson (England)

Single Judge of the Players’ Status Committee,

on the claim presented by the coach

Coach A, Country B

as “Claimant”

against the club

Club C, Country D

as “Respondent”

regarding an employment-related contractual dispute

arisen between the parties

I. Facts of the case

1. On 24 January 2016, the Coach of Country B, Coach A (hereinafter: the Claimant) and the Club of Country D, Club C (hereinafter: the Respondent), concluded an employment contract (hereinafter: the contract), valid from 23 January 2016 until 30 November 2016, by means of which the Respondent hired the Claimant as “Official” who “shall serve in all football matches in which he is selected to represent [the Respondent] and to attend at any place and time for the purposes of, or reasons related to training in accordance with instructions given by any authorised officer of [the Respondent]”.

2. According to article 2 par. 1 of the contract and its annexe “SCHEDULE A – SALARY”, the Claimant was entitled to receive from the Respondent a monthly salary of 16,000, payable “no later than the 7th day of the following month”.

3. On 2 February 2017, the Claimant lodged a claim in front of FIFA against the Respondent, alleging that the latter had breached the contract without cause and failed to pay his outstanding salaries.

4. Consequently, the Claimant requested from the Respondent the amount of 32,000 corresponding to the outstanding salaries of October 2016 and November 2016 as well as interest at a rate of 5% p.a. on the said amount as from the relevant due dates (i.e. as from 7 November and 7 December 2016).

5. In continuation, the Claimant explained having reminded the Respondent by means of four letters dated 15 November 2016, 8 December 2016, 20 December 2016 and 15 January 2017 of the outstanding payment, setting a time limit of ten days to remedy the default.

6. In its reply to the claim lodged against it, the Respondent acknowledged the amount claimed by the Claimant and confirmed its willingness to pay it by the middle of the year 2017.

II. Considerations of the Single Judge of the Players’ Status Committee

1. First of all, the Single Judge of the Players’ Status Committee (hereinafter also referred to as: the Single Judge) analysed which edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: Procedural Rules) were applicable to the matter at hand. In this respect, considering that the present matter was submitted to FIFA on 2 February 2017, the Single Judge concluded that the 2017 edition of the Procedural Rules is applicable in the matter at hand (cf. art. 21 of the Procedural Rules).

2. Subsequently, the Single Judge analysed which edition of the Regulations on the Status and Transfer of Players (hereinafter: “the Regulations”) should be applicable as to the substance of the matter. In this respect, he confirmed that the present matter was submitted to FIFA on 2 February 2017 and, therefore, concluded that the 2016 edition of the Regulations is applicable in the matter at hand as to the substance (cf. art. 26 par. 1 and par. 2 of the Regulations).

3. With regard to his competence, the Single Judge confirmed that on the basis of art. 3 par. 1 and 2 of the Procedural Rules in connection with art. 23 par. 1 and 4 as well as art. 22 lit. c) of the 2016 edition of the Regulations, he was competent to deal with the present matter since it concerned an employment-related dispute between a coach and a club of an international dimension.

4. His competence and the applicable regulations having been established, and entering into the substance of the matter, the Single Judge started his analysis by acknowledging the facts of the case and the arguments of the parties as well as the documents contained in the file. However, the Single Judge emphasised that in the following considerations he will refer only to the facts, arguments and documentary evidence that he considered pertinent for the assessment of the matter at hand.

5. In doing so and to begin with, the Single Judge acknowledged that, on 24 January 2016, the Claimant and the Respondent concluded the contract, valid from 23 January 2016 until 30 November 2016, according to which the Claimant was hired as “Official” who “shall serve in all football matches in which he is selected to represent [the Respondent] and to attend at any place and time for the purposes of, or reasons related to training in accordance with instructions given by any authorised officer of [the Respondent]”.

6. In continuation, the Single Judge focussed his attention to the content of article 2 par. 1 of the contract and its annexe “SCHEDULE A – SALARY”, which stated inter alia that the Claimant was entitled to receive from the Respondent a monthly salary of 16,000, payable “no later than the 7th day of the following month”.

7. The Single Judge took note that the Claimant maintained being entitled to receive his outstanding salaries in accordance with the contract and its annexe.

8. On the one hand, the Single Judge observed that, in support of his claim, the Claimant provided FIFA with a copy of four reminders, by means of which he reminded the Respondent of the outstanding payment, setting a time limit of ten days to remedy the default.

9. On the other hand, the Single Judge remarked that the Respondent, for its part, simply acknowledged the amount claimed by the Claimant and confirmed its willingness to pay it by the middle of the year 2017. In other words, the Respondent accepted the allegations of the Claimant.

10. Turning his attention to the contract, the Single Judge emphasised that, in accordance with article 2 par. 1 of the latter and its annexe, it remained undisputed that the Claimant is contractually entitled to receive from the Respondent a monthly salary of 16,000 during the entire contractual period, i.e. until 30 November 2016.

11. Equally, the Single Judge concluded that, considering the fact, that in its reply, the Respondent acknowledged and confirmed its willingness to pay the outstanding remuneration claimed by the Claimant, the Respondent had breached its contractual obligations towards the Claimant and should, as a consequence, be liable to pay the outstanding amount corresponding to the salaries for October 2016 and November 2016 in accordance with article 2 par. 1 of the contract and its annexe.

12. Bearing in mind the aforementioned and the basic legal principle of pacta sunt servanda, which in essence means that agreements must be respected by the parties in good faith as well as bearing in mind the content of the above-mentioned article and the fact that the condition for the payment of the remaining salaries had in casu been met, the Single Judge decided that the Respondent must pay the Claimant the outstanding remuneration of 32,000 in accordance with article 2 par. 1 of the contract and its annexe.

13. In addition, with regard to the Claimant’s request related to the payment of interest at a rate of 5% p.a. on the amount claimed, the Single Judge decided that the Respondent has to pay to the Claimant interest at a rate of 5% p.a. as from the relevant due dates until the date of effective payment on the amounts as follows :

- 5% p.a. over the amount of 16,000 as from 8 November 2016 until the date of effective payment;

- 5% p.a. over the amount of 16,000 as from 8 December 2016 until the date of effective payment.

14. In conclusion, the Single Judge decided that the claim of the Claimant is partially accepted and held that the Respondent has to pay to the Claimant the amount of 32,000 as outstanding remuneration and that any further claims lodged by the Claimant are rejected.

15. Lastly, the Single Judge referred to art. 25 par. 2 of the Regulations in combination with art. 18 par. 1 of the Procedural Rules, according to which in the proceedings before the Players’ Status Committee and the Single Judge, costs in the maximum amount of CHF 25,000 are levied. The costs are to be borne in consideration of the parties’ degree of success in the proceedings and are normally to be paid by the unsuccessful party.

16. In respect of the above, the Single Judge reiterated that the claim of the Claimant is partially accepted and that the Respondent is the party at fault. Therefore, the Single Judge concluded that the Respondent has to bear the entire costs of the current proceedings in front of FIFA.

17. Furthermore and according to Annexe A of the Procedural Rules, the costs of the proceedings are to be levied on the basis of the amount in dispute. Consequently and taking into account that the total amount at dispute in the present matter is less than CHF 50,000, the Single Judge concluded that the maximum amount of costs of the proceedings corresponds to CHF 5,000.

18. In conclusion and in view of the circumstances of the present matter, the Single Judge determined the costs of the current proceedings to the amount of CHF 2,000, which shall be borne by the Respondent.

III. Decision of the Single Judge of the Players’ Status Committee

1. The claim of the Claimant, Coach A, is partially accepted.

2. The Respondent, Club C, has to pay to the Claimant, Coach A, within 30 days as from the date of notification of this decision, the total amount of 32,000 as outstanding remuneration, plus interest as follows:

- 5% p.a. over the amount of 16,000 as from 8 November 2016 until the date of effective payment;

- 5% p.a. over the amount of 16,000 as from 8 December 2016 until the date of effective payment.

3. If the aforementioned sum, plus interest (point 2) is not paid within the stated time limit, the present matter shall be submitted, upon request, to FIFA’s Disciplinary Committee for consideration and a formal decision.

4. Any further claims lodged by the Claimant, Coach A, are rejected.

5. The final costs of the proceedings in the amount of CHF 2,000 are to be paid by the Respondent, Club C, within 30 days as from the date of notification of this decision, as follows:

5.1 The amount of CHF 1,000 has to be paid to FIFA to the following bank account with reference to case nr. XXX:

UBS Zurich

Account number 366.677.01U (FIFA Players’ Status)

Clearing number 230

IBAN: CH27 0023 0230 3666 7701U

SWIFT: UBSWCHZH80A

5.2 The amount of CHF 1,000 has to be paid directly to the Claimant, Coach A.

6. The Claimant, Coach A, is directed to inform the Respondent, Club C, immediately and directly of the account number to which the remittances under points 2 and 5.2 above are to be made and to notify the Single Judge of the Players’ Status Committee of every payment received.

Note relating to the motivated decision (legal remedy):

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, 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

For the Single Judge of the

Players’ Status Committee

Omar Ongaro

Football Regulatory Director

Encl. CAS directives