F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2017-2018) – fifa.com – atto non ufficiale – Decision 25 January 2018
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 25 January 2018,
in the following composition:
Geoff Thompson (England), Chairman
Roy Vermeer (Netherlands), member
Tomislav Kasalo (Croatia), member
Pavel Pivovarov (Russia), member
Daan de Jong (Netherlands), 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 15 January 2016, the player of Country B, Player A (hereinafter: the Claimant or the player) and the club of Country D, Club C (hereinafter: the Respondent or the club) (hereinafter jointly referred to as the parties), concluded an employment contract (hereinafter: the contract) valid as from 14 January 2016 until 1 August 2019.
2. Pursuant to art. 4 of the contract, the Claimant was entitled to receive a sign-on fee of USD 300,000 payable upon its signature.
3. Furthermore, the Claimant was entitled to the following monies:
- For the 2015-16 season:
o USD 200,000 payable in six monthly instalments of USD 33,334 on the 1st day of the month from February 2016 until July 2016.
- For the 2016-17 season:
o USD 425,000 payable as follows:
USD 100,000 on 1 August 2016;
Ten monthly instalments of USD 21,875 payable on the 1st day of the month from September 2016 until June 2017;
USD 10,000 on 1 July 2017;
USD 96,250 “payable once the player participates in 75% of total season games”.
- For the 2017-18 season:
o USD 450,000 payable as follows:
USD 100,000 on 1 August 2017;
Ten monthly instalments of USD 23,750 payable on the 1st day of the month from September 2017 until June 2018;
USD 10,000 on 1 July 2018;
USD 102,500 “payable once the player participates in 75% of total season games”.
- For the 2018-19 season:
o USD 475,000 payable as follows:
USD 100,000 on 1 August 2018;
Ten monthly instalments of USD 25,625 payable on the 1st day of the month from September 2018 until June 2019;
USD 10,000 on 1 July 2019;
USD 108,750 “payable once the player participates in 75% of total season games”.
4. On 16 March and 6 April 2017, the Claimant put the Respondent in default of payment of the amount of USD 186,125.
5. On 8 May 2017, subsequently amended on 9 June 2017, the Claimant lodged a claim against the Respondent in front of FIFA requesting to be awarded the outstanding amount of USD 221,750.
6. In particular, the Claimant argued that for the 2016-17 season, he should have received USD 318,750 corresponding to ten monthly salaries as well as the down payment of USD 100,000 due on 1 August 2016. The player explained that he only received USD 47,000 and was imposed a fine in the amount of USD 50,000. In light of the foregoing, the Claimant concluded that the Respondent owes him outstanding remuneration in the amount of USD 221,750.
7. In its reply, the Respondent submitted a correspondence arguing that the parties had reached an amicable settlement in the matter at hand and enclosing a copy of a “Declaration” dated 16 July 2017 reportedly signed by the Claimant, which reads as follows:
“I have received all my financial rights from [the club] according to my contract with the club and I officially terminate the contract with [the club] in a very friendly way and according to this declaration I don’t have the rights to do any complaint against [the club] at FIFA or CAS or any other entity”.
8. Upon FIFA’s request to the parties to inform whether the matter had been settled, the Claimant refuted having reached an amicable settlement with the Respondent and challenged the authenticity of the “Declaration”, alleging that this has been forged by the Respondent. In addition, the Claimant asserted having been banned from training with the team.
9. Furthermore, the player explained that in the meantime, the club paid him an additional amount of USD 30,000. In view of the above, the player amended his claim and requested to be awarded USD 191,750.
10. Upon FIFA’s request, the club submitted an alleged original version of the “Declaration”.
II. Considerations of the Dispute Resolution Chamber
1. First, the Dispute Resolution Chamber (hereinafter also referred to as the DRC or the Chamber) analysed whether it was competent to deal with the matter at stake. In this respect, it took note that the present matter was submitted to FIFA on 8 May 2017. Consequently, the 2017 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter; the Procedural Rules) is applicable to the matter at hand (cf. art. 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 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (edition 2018), 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 of Country B and a club of 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, the Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players (edition 2018), and considering that the claim was lodged on 8 May 2017, the 2016 edition of the aforementioned regulations (hereinafter; the 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, the members of the Chamber acknowledged that the parties entered into an employment contract valid as of 14 January 2016 until 1 August 2019 according to which the Claimant was entitled, for the 2016-17 season, to the total amount of USD 425,000.
6. In this context, the Chamber took note of the claim of the Claimant who argues that, during said season, the Respondent failed to pay him the amount USD 191,750 which he now requests.
7. In continuation, the DRC took note of the “Declaration” provided by the Respondent which reads “I have received all my financial rights from [the club] according to my contract with the club and I officially terminate the contract with [the club] in a very friendly way and according to this declaration I don’t have the rights to do any complaint against [the club] at FIFA or CAS or any other entity”. As such, the Respondent requested the rejection of the claim.
8. The members of the Chamber then noted that the Claimant challenged the authenticity of said document and alleged that such had been forged by the Respondent.
9. With the aforementioned considerations in mind, the Chamber wished to recall first that as a general rule, FIFA’s deciding bodies are not competent to decide upon matters of criminal law, such as the ones of alleged falsified signature or document, and that such affairs fall into the jurisdiction of the competent national criminal authority.
10. In this context, the DRC recalled that all documentation remitted within the context of a dispute shall be considered with free discretion and considering the particularities of each case. Along these lines, the Chamber emphasised that the Respondent provided an original specimen of the “Declaration”.
11. With the above in mind, the members of the Chamber proceeded to thoroughly analyse the player’s signature contained in the disputed “Declaration” and, after having compared it with other documents which were undisputedly signed by the Claimant, in particular, the employment contract concluded between the parties as well as the power of attorney contained in the file, came to the unanimous conclusion that, for a layman, the signatures appear to be the same.
12. In view of the foregoing, the Chamber had no other option than to admit to the file and hence take into consideration the “Declaration”.
13. Having concluded the above, the members of the Chamber were of the opinion that the wording of said document is clear and unambiguous as it establishes that the Claimant has “received all my financial rights from [the club] according to my contract with the club and I officially terminate the contract with [the club] in a very friendly way and according to this declaration I don’t have the rights to do any complaint against [the club] at FIFA or CAS or any other entity”.
14. Along those lines, the Chamber recalled its well-established jurisprudence which dictates that a party signing a document of legal importance, even if without knowledge of its precise contents, as a general rule, does so on its own responsibility.
15. Consequently, the DRC came to the conclusion that the claim of the Claimant should be rejected.
III. Decision of the Dispute Resolution Chamber
The claim of the Claimant, Player A, is rejected.
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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 Dispute Resolution Chamber:
Omar Ongaro
Football Regulatory Director
Encl. CAS Directives