F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2017-2018) – fifa.com – atto non ufficiale – Decision21 September 2017

Decision of the

Dispute Resolution Chamber

passed in Zurich, Switzerland, on 21 September 2017,

in the following composition:

Thomas Grimm (Switzerland), Deputy Chairman

John Bramhall (England), member

Johan van Gaalen (South Africa), member

Joaquim Evangelista (Portugal), member

Mohamed Al-Saikhan (Saudi Arabia), 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 an unspecified date, 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 of 29 October 2013 until 30 August 2014.

2. Clause 1.1 of the contract stated that, “the club is committed to the value of the contract and the amount of USD 85,000 payable in three instalments”.

3. On 12 October 2015, and completed on 16 September 2016, the Claimant lodged a claim against the Respondent in front of FIFA requesting the amount of USD 30,000 corresponding to the las instalment due as per the contract.

4. In particular, the Claimant argued that, according to the contract, he was entitled to USD 85,000 divided in three payments which were allegedly payable as follows:

a. USD 30,000 payable on the date of signature of the contract.

b. USD 25,000 payable on January 2015.

c. USD 30,000 payable before the contract termination.

5. In this respect, the player argued having received only the first two instalments.

6. On 20 September 2016, the FIFA administration notified the claim to the Respondent and set a deadline until 10 October 2016.

7. On 11, 12 and 23 October 2016, the Respondent replied to the claim. In particular, the Respondent argued, inter alia, as follows:

a. The player got injured and asked the club “to be processed outside the country, specifically in Country E, despite the fact that the contract does not provide that [the club] has to pay all the costs of airline tickets and the cost of treatment”;

b. The player “did not mention that he did not compete the play with the club…” and argued that the Claimant provided a waiver to receive his due while enclosing an unsigned copy of the latter.

8. On 24 October 2016, the FIFA administration informed the parties of the closure of investigation as well as to the fact that, since the reply of the Respondent was filed after the deadline set to do so, it would be up to the DRC to decide whether or not to take its late reply into account.

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 12 October 2015. Consequently, the 2015 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 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 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 2016), and considering that the claim was lodged on 12 October 2015, the 2015 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 29 October 2013 until 30 August 2014 according to which the Claimant was entitled to the total amount of USD 85,000 payable in three instalments.

6. In this context, the Chamber took note of the claim of the Claimant who argues that the aforementioned instalments were payable as follows: USD 30,000 on the date of signature of the contract, USD 25,000 payable on January 2015 and USD 30,000 payable before the contract termination. In this regard, the Chamber observed that the Claimant is requesting the payment of the last instalment in the amount of USD 30,000.

7. Subsequently, the DRC observed that the Respondent, in spite of having been invited to do so, had, for its part, failed to present its response to the claim of the Claimant within the relevant time limit set by FIFA, i.e. 10 October 2016. In fact, the reply of the Respondent was only received on 11, 12 and 23 October 2016. As a result, bearing in mind the Chamber’s constant jurisprudence in this regard and in application of art. 9 par. 3 of the Procedural Rules, the Chamber decided not to take into account the reply of the Respondent and established that, in accordance with the aforementioned provision, it shall take a decision on the basis of those documents on file that were provided prior to the deadline set by FIFA, in casu, on the statements and documents presented by the Claimant.

8. With the above in mind, the Chamber came to the conclusion that it remained undisputed that the Claimant was entitled to the amount of USD 30,000. Furthermore, the DRC deemed that the Claimant had substantiated his claim with enough documentary evidence. Therefore, in accordance with the content of the contract as well as the principle of pacta sunt servanda, the Respondent is the party responsible for the payment.

9. As such, the Chamber decided that the Claimant’s claim is accepted and that Respondent is liable to pay to the Claimant the amount of USD 30,000.

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III. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Player A, is accepted.

2. The Respondent, Club C, is ordered to pay to the Claimant, within 30 days as from the date of notification of this decision, the amount of USD 30,000.

3. In the event that the amount due to the Claimant in accordance with the above-mentioned number 2. is not paid by the Respondent within the stated time limit, interest at the rate of 5% p.a. will fall due as of expiry of the aforementioned time limit and the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee for consideration and a formal decision.

4. The Claimant is directed to inform the Respondent, immediately and directly, of the account number to which the remittance is 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

Encl. CAS Directives