F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2016-2017) – fifa.com – atto non ufficiale – Decision 30 June 2017
Decision of the
Dispute Resolution Chamber
passed in Zurich, Switzerland, on 30 June 2017,
in the following composition:
Geoff Thompson (England), Chairman
Roy Vermeer (Netherlands), member
Zola Majavu (South Africa), 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
between the parties
I. Facts of the case
1. On or about 15 June 2015, the Player of Country B, Player A (hereinafter: Claimant), and the Club of Country D, Club C (hereinafter: Respondent), signed an employment contract valid as from 15 June 2015 until 30 June 2017.
2. On 17 May 2016, the parties agreed to terminate the employment contract by mutual consent with the signature of a termination agreement.
3. According to art. 2 of the termination agreement, the Respondent undertook to pay the Claimant EUR 9,000 via three equal instalments of EUR 3,000 each, payable on “15 July”, “15 August” and “15 September”.
4. On 20 December 2016, the Claimant lodged a claim against the Respondent in front of FIFA in relation to outstanding remuneration explaining that after the signature of the termination agreement, and in spite of his default notices of August and September 2016, the Respondent never made any payment.
5. On account of the aforementioned, the Claimant requested that the Respondent be ordered to pay him EUR 9,000 plus 5% interest on said amount, calculated as from the date when the first instalment fell due.
6. The Respondent submitted its response to the claim after the closure of the investigation in the present matter.
II. Considerations of the Dispute Resolution Chamber
1. First of all, the Dispute Resolution Chamber (hereinafter also referred to as Chamber or DRC) analysed whether it was competent to deal with the matter at hand. In this respect, it took note that the present matter was submitted to FIFA on 20 December 2016. Consequently, the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (edition 2015; hereinafter: Procedural Rules) are 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 and par. 2 in combination with art. 22 lit. b of the Regulations on the Status and Transfer of Players (edition 2016) 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 regulations 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 2016), and considering that the present claim was lodged on 20 December 2016, the 2016 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, the Chamber entered into the substance of the matter. In this respect, the Chamber started by acknowledging all the above-mentioned facts as well as the arguments and the documentation submitted by the parties. 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. The Chamber took note that, on or about 15 June 2015, the Claimant and the Respondent signed an employment contract valid as from 15 June 2015 until 30 June 2017.
6. In addition, the Chamber noted that, on 17 May 2016, the Claimant and the Respondent terminated the employment contract by mutual consent with the signature of the termination agreement. Furthermore, the members of the Chamber took into account that according to the termination agreement, the Respondent undertook to pay the amount of EUR 9,000 to the Claimant in three equal and consecutive instalments of EUR 3,000 each.
7. Subsequently, the DRC observed that the Respondent submitted its reply to the claim after notification of the closure of the investigation of the matter at hand. As a result, in line with art. 9 par. 4 of the Procedural Rules as well as the Chamber’s constant jurisprudence in this regard, the DRC decided not to take into account the reply of the Respondent and established that, in accordance with art. 9 par. 3 of the Procedural Rules, it shall take a decision upon the basis of the documents on file that were provided prior to the closure of the investigation-phase, in casu, upon the statements and documents presented by the Claimant.
8. Having said that, the members of the Chamber concluded that it has remained uncontested that the Respondent failed to pay the amount of EUR 9,000 to the Claimant in accordance with the termination agreement.
9. Consequently, the Chamber decided that, in accordance with the general legal principle of pacta sunt servanda, the Respondent is liable to pay to the Claimant the amount of EUR 9,000.
10. In addition, taking into account the Claimant’s request as well as the constant practice of the Dispute Resolution Chamber, the DRC decided that the Respondent must pay to the Claimant interest of 5% p.a. on each instalment of EUR 3,000 as of the day following the day on which the relevant instalments fell due. In this regard, the termination agreement having been signed on 17 May 2016 and the original date of expiry of the contract being set on 30 June 2017, the Chamber was satisfied that the relevant due dates are related to the year 2016.
11. The Chamber concluded its deliberations in the present matter by deciding that any further claim lodged by the Claimant is rejected.
III. Decision of the Dispute Resolution Chamber
1. The claim of the Claimant, Player A, is partially accepted.
2. The Respondent, Club C, has to pay to the Claimant, within 30 days as from the date of notification of this decision, outstanding remuneration in the amount of EUR 9,000 plus the relevant interest until the date of effective payment as follows:
a. 5% p.a. on the amount of EUR 3,000 as of 16 July 2016;
b. 5% p.a. on the amount of EUR 3,000 as of 16 August 2016;
c. 5% p.a. on the amount of EUR 3,000 as of 16 September 2016.
3. In the event that the total amount due to the Claimant, plus interest, is not paid by the Respondent 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. Any further claim lodged by the Claimant is rejected.
5. The Claimant is directed to inform the Respondent immediately and directly of the account number to which the remittances are to be made and to notify the Dispute Resolution Chamber of every payment received.
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Note relating to the motivated decision (legal remedy):
According to article 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