F.I.F.A. – Players’ Status Committee / Commissione per lo Status dei Calciatori – coach disputes / controversie allenatori (2016-2017) – fifa.com – atto non ufficiale – Decision 22 November 2016

Decision of the Single Judge of the

Players´ Status Committee

passed in Zurich, Switzerland, on 22 November 2016,

by

Mr Geoff Thompson (England)

Single Judge of the Players’ Status Committee,

on the claim presented by the coach

Coach A, from country B

as “Claimant”

against the club

Club C, from country D

as “Respondent”

regarding an employment-related contractual dispute

arisen between the parties.

I. Facts of the case

1. On 15 January 2012, 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 the date of signature until 15 January 2015, according to which the Claimant was hired as “Coach of the Club Football Academy Branch”.

2. Article 4.1 of the contract stated inter alia that the Claimant was entitled to receive from the Respondent a “monthly salary amounting to Euro 12500 according to the Club pay roll schedule”.

3. On 24 June 2016, the Claimant lodged a claim in front of FIFA against the Respondent alleging that the latter had partially failed to pay his outstanding salaries from May 2014 until January 2015.

4. In this respect, the Claimant explained having received from May 2014 until January 2015 the relevant monthly salaries as follows :

Salary

Payment date

Payment in

Currency

D

Exchange rate on payment date

Amount received in EUR

Salary under contract

in EUR

Shortfall

in EUR

May 2014

24 June 2014

149,530.26

0,0607

9,076.49

12,500

3,423.51

June 2014

23 July 2014

148,130.16

0,0624

9,243.32

12,500

3,256.68

July 2014

3 Sept. 2014

148,130.16

0,0572

8,473.05

12,500

4,026.95

August 2014

1 Oct. 2014

148,130.16

0,0602

8,917.44

12,500

3,582.56

Sept. 2014

28 Oct. 2014

148,130.12

0,0597

8,843.37

12,500

3,656.63

Oct. 2014

15 Dec. 2014

148,130.12

0,0503

7,450.95

12,500

5,049.05

Nov. 2014

6 Jan. 2015

148,130.12

0,0522

7,732.39

12,500

4,767.61

Dec. 2014

23 Feb. 2015

148,130.01

0,0312

4,621.66

12,500

7,878.34

Jan. 2015

18 Mar. 2015

239,970.50

0,041

9,838.79

12,500

2,661.21

5. Consequently, the Claimant requested from the Respondent the payment of the amount of EUR 38,302.58, corresponding to the total amount of the shortfall related to the exchange rate from May 2014 until January 2015, plus interest at a rate of 5% p.a. as from the relevant due dates until the date of the effective payment as well as all proceeding costs to be borne by the Respondent.

6. In continuation, the Claimant explained having reminded the Respondent several times about the outstanding amount.

7. In spite of having been asked to do so, the Respondent did not reply to the claim lodged against it.

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 24 June 2016, the Single Judge concluded that the 2015 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 24 June 2016 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 club or an association and a coach 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 15 January 2012, the Claimant and the Respondent concluded an employment contract, valid from the date of its signature until 15 January 2015, according to which the Claimant was hired as “Coach of the Club Football Academy Branch”.

6. In continuation, the Single Judge focussed his attention to the content of clause 4.1 of the contract which stated inter alia that, “[f]or the due fulfilment of his obligations, stipulated in the present Contract, the Coach receives a monthly salary amounting to Euro 12500 according to the Club pay roll schedule”.

7. On the one hand, the Single Judge observed that, in support of its claim, the Claimant provided FIFA with a copy of all the bank statements in relation with the payments of his salaries from May 2014 until January 2015 as well as the historical exchange rates for this same period of time.

8. On the other hand, the Single Judge remarked that the Respondent, for its part, had never submitted its position to the claim lodged against it by the Claimant, in spite of having been invited to do so. In this way, the Single Judge recalled that the Respondent renounced to its right of defence and, thus, accepted the allegations of the Claimant.

9. Furthermore, as a consequence of the aforementioned considerations, the Single Judge concurred that in accordance with art. 9 par. 3 of the Procedural Rules he shall take a decision upon the basis of the documents already on file, in other words, upon the statements and documents presented by the Claimant.

10. Turning his attention to the contract, the Single Judge emphasised that, in accordance with article 4.1 of the contract, it remained undisputed that the Claimant is contractually entitled to receive from the Respondent a monthly salary of EUR 12,500 during the entire contractual period.

11. Equally, the Single Judge concluded that, considering the payment of the salaries were only partially made to the Claimant, the Respondent had breached its contractual obligations towards the Claimant and should, as a consequence, be liable to pay the outstanding amount of EUR 38,302.55 corresponding to the shortfall in accordance with clause 4.1 of the contract.

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 clause and the fact that the conditions for the payment of the salaries had in casu been met, the Single Judge decided that the Respondent must pay the Claimant the outstanding remuneration of EUR 38,302.55 according to article 4.1 of the contract.

13. In conclusion, considering all of the above as well as the Claimants request for interest, the Single Judge decided that the claim of the Claimant is accepted and that the Respondent has to pay to the Claimant the amount of EUR 38,302.55 as outstanding remuneration, as well as 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 :

- EUR 3,423.50 as from 1 June 2014 until the date of effective payment;

- EUR 3,256.70 as from 1 July 2014 until the date of effective payment;

- EUR 4,026.95 as from 1 August 2014 until the date of effective payment;

- EUR 3,582.55 as from 1 September 2014 until the date of effective payment;

- EUR 3,656.65 as from 1 October 2014 until the date of effective payment;

- EUR 5,049.05 as from 1 November 2014 until the date of effective payment;

- EUR 4,767.60 as from 1 December 2014 until the date of effective payment;

- EUR 7,878.35 as from 1 January 2015 until the date of effective payment;

- EUR 2,661.20 as from 1 February 2015 until the date of effective payment.

14. 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.

15. In respect of the above, the Single Judge reiterated that the claim of the Claimant is 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.

16. 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.

17. 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 5,000, 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 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 EUR 38,302.55 as outstanding remuneration, plus interest as follows:

- 5% p.a. over the amount of EUR 3,423.50 as from 1 June 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 3,256.70 as from 1 July 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 4,026.95 as from 1 August 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 3,582.55 as from 1 September 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 3,656.65 as from 1 October 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 5,049.05 as from 1 November 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 4,767.60 as from 1 December 2014 until the date of effective payment;

- 5% p.a. over the amount of EUR 7,878.35 as from 1 January 2015 until the date of effective payment;

- 5% p.a. over the amount of EUR 2,661.20 as from 1 February 2015 until the date of effective payment.

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

4.1 The amount of CHF 4,000 has to be paid to FIFA to the following bank account with reference to a case nr: xxx.

UBS Zurich

Account number 366.677.01U (FIFA Players’ Status)

Clearing number 230

IBAN: CH27 0023 0230 3666 7701U

SWIFT: UBSWCHZH80A

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

5. 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 4.2 above are to be made and to notify 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

Marco Villiger

Deputy Secretary General

Encl. CAS directives