F.I.F.A. – Dispute Resolution Chamber / Camera di Risoluzione delle Controversie – labour disputes / controversie di lavoro (2020-2021) – fifa.com – atto non ufficiale – Decision 18 February 2021

Decision of the

Dispute Resolution Chamber

passed on 18 February 2021

regarding an employment-related dispute concerning the player Christian Osaguona Ighodaro

COMPOSITION:

Omar Ongaro (Italy), Deputy Chairman

Stijn Boeykens (Belgium), member

Elvis Chetty (Seychelles), member

CLAIMANT:

Christian Osaguona Ighodaro, Nigeria

RESPONDENT:

Zobahan Cultural and Sport Club, Iran

I. Facts

1. On 30 January 2019, the parties concluded an employment contract valid as from the date of the signature until 21 May 2019.

2. The contract stipulated the following financial conditions:

“The total amount of contract is ninety-thousand (90,000) US Dollars for the entire 2018-2019 season starting from 20/01/2019 until end of 2018-2019 season. (. .. ) (Article 2) (. . .)

The total payment of the Player for the 2018-2019 second half season will be paid as follows:

20. 000 of total amount will be paid after issuing ITC and ID card of player.

70. 000 of total amount will be paid to player monthly.

Feb 23/02/2019: 24,000 (Sums are in US Dollars)

Apr 20/04/2019: 24,000 (Sums are in US Dollars)

May 21/05/2019: 22,000 (Sums are in US Dollars)

The above-mentioned amounts include all benefits which the player is entitled by law which are paid according to the report by the representative in charge from the beginning of the contract to the end( ... ) (Article 3)

(. . .) The Player is responsible to any all the contract's statutory deductions related to within and overseas of Iran. Note (3): Player is responsible to fill taxpayers from Tax Department and player pay tax to legal economical and finance Department to take receipt to submit to Financial Department of Zohaban Club. (. .. ) (Article 4)”

3. Art 12 of the contract stipulated that “the club shall provide the player 1 economic, round trip tickets from Abuja-Iran”.

4. On 14 October 2019, the player sent a default notice, requesting the payment of an outstanding amount of USD 22,000, due on 21 May 2019.

5. On 30 October 2019, the club replied to the default notice as follows:

“As mentioned in your contract (picture of which you have attached) the player is responsible for tax payment and all the legal deductions, and due to the fact that you have taken no actions regarding submitting your tax receipt, the money given to you by Mr. Azari (former managing director) in Doha, Qatar is considered to be your last instalment and the club will lawfully consider the remaining as the settlement of your tax and other legal deductions. (. . .)

6. On 31 October 2019, the player sent a letter indicating the following:

“I gladly accept that Zob Ahan Club must deduct a specified amount from my yearly gross salary [which is equal to 90000 (Ninety Thousands) US Dollars} in order to pay my government taxes in Iran. However, I strongly abject that the amount of ail my government taxes is equal to 22000 (Twenty Two Thousands) US Dollars.

Therefore, I strongly ask Zob Ahan Club to make an accurate calculation related with the payment of ail my government taxes.

My outstanding salary must be calculated while using the following formula : [Outstanding salary = 22000 US Dollars -Ali Government Taxes]

7. Any official document that indicates the payment of all my government taxes in Iran is welcome.”

8. On 9 October 2020, the player lodged a claim before FIFA for outstanding remuneration, and requested the payment of the total amount of USD 22,000, plus 5% interest p.a. as from 22 May 2019.

9. The player acknowledged that he received the total amount of USD 68,000 during the duration of the contract.

10. In its reply to the claim, the club stated that it paid the following amounts to the player:

11. According to the club, the player’s balance is therefore in the amount of USD 11,923.43.

12. The club further requested to pay the amount from the FIFA 2018 World Club Benefits Programme.

13. The club further rejected the payment of interests, considering that the player failed to comply with his tax obligations.

14. The club further specified that an amount of IRR 229,872,000 (according to the club, equivalent to USD 1,931.70) was deducted due to the fact that the player did not take a flight it booked for him.

15. In his replica, the Claimant accepted the payment of a total amount of USD 13,855.13, plus 5% as follows.

16. In this respect, the Claimant accepted that the amount of USD 8.144.87 was paid as taxes.

17. However, the player requested the amount of USD 1931.70 (cf. above, “ticket costs not used by the player”), as he was contractually entitled to an air ticket between Iran and Côte d’Ivoire.

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 case at hand. Taking into account the wording of art. 21 of the January 2021 edition of the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to the matter at hand.

2. Subsequently, the Dispute Resolution Chamber referred to art. 3 par. 1 of the Procedural Rules and emphasised 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, the Dispute Resolution Chamber is competent to deal with matters which concern employment-related disputes with an international dimension between players and clubs, such as the present one, which involves a Nigerian player and an Iranian club.

3. In continuation, the Dispute Resolution Chamber analysed which edition of the Regulations of the Status and Transfer of Players should be applicable to the present matter. In this respect, the Dispute Resolution Chamber confirmed that in accordance with art. 26 par. 1 and 2 of the Regulations on the Status and Transfer of Players, and considering the date when the claim was lodged, the June 2020 edition of the aforementioned regulations (hereinafter: the Regulations) is applicable to the matter at hand.

4. With the above having been established, the Dispute Resolution Chamber entered into the substance of the matter. In doing so, it started to acknowledge the facts of the case as well as the documents contained in the file. However, the Dispute Resolution Chamber emphasized that in the following considerations it will refer only to facts, arguments and documentary evidence which it considered pertinent for the assessment of the matter at hand.

5. In this respect, the Chamber noted that, on 30 January 2019, the parties concluded an employment contract valid as from the date of the signature until 21 May 2019 with the financial conditions that are quoted in point I. 2 above.

6. Subsequently, the Chamber noted that the player lodged a claim before FIFA for outstanding remuneration, by means of which he initially requested the payment of an outstanding amount of USD 22,000.

7. The Chamber then took note of the club’s reply, according to which it acknowledged that it owes to the player a total amount of USD 11,923.43, noting, in addition, that an amount of IRR 229,872,000 (according to the club, equivalent to USD 1,931.70) was deducted due to the fact that the player did not take a flight it booked for him

8. In relation to the reply, the Chamber then observed that the player fundamentally accepted the club’s allegations, although considered that, in addition, we was entitled to USD 1,931.70, as the value of an air ticket between Iran and Côte d’Ivoire.

9. In view of the above, the Chamber confirmed that the parties fundamentally agreed as to the amount related to the main outstanding remuneration, and that their only disagreement concerns the payment of air tickets.

10. In relation to said air tickets, the Chamber noted that Art 12 of the contract stipulated that “the club shall provide the player 1 economic, round trip tickets from Abuja-Iran”, and that said entitlement was in addition to his main remuneration. Hence, the club was not in a position to deduct said amount from his remuneration.

11. Therefore, the Chamber established that the player is entitled to the total remuneration of USD 13,855.13 (i.e. 11,923.43+1,931.70).

12. Thus, in application of the principle of pacta sunt servanda, the Chamber established that the Respondent shall pay to the Claimant, the total outstanding amount of USD 13,855.13.

13. Moreover, taking into account the request of the Claimant as well as the longstanding jurisprudence in this regard, the Dispute Resolution Chamber decided to award 5% interest p.a. over said amount as from the expiration of the contract.

14. Furthermore, taking into account the previous considerations, the Dispute Resolution Chamber referred to par. 1 and 2 of art. 24bis of the Regulations, which stipulate that, with its decision, the pertinent FIFA deciding body shall also rule on the consequences deriving from the failure of the concerned party to pay the relevant amounts of outstanding remuneration and/or compensation in due time.

15. In this regard, the Dispute Resolution Chamber pointed out that, against clubs, the consequence of the failure to pay the relevant amounts in due time shall consist of a ban from registering any new players, either nationally or internationally, up until the due amounts are paid and for the maximum duration of three entire and consecutive registration periods.

16. Therefore, bearing in mind the above, the Dispute Resolution Chamber decided that, in the event that the Respondent does not pay the amounts due to the Claimant within 45 days as from the moment in which the Claimant, following the notification of the present decision, communicates the relevant bank details to the Respondent, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become effective on the Respondent in accordance with art. 24bis par. 2 and 4 of the Regulations.

17. Finally, the Dispute Resolution Chamber recalled that the above-mentioned ban will be lifted immediately and prior to its complete serving upon payment of the due amounts, in accordance with art. 24bis par. 3 of the Regulations.

III. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Christian Osaguona Ighodaro, is partially accepted.

2. The Respondent, Zobahan Cultural and Sport Club, has to pay to the Claimant, the amount of USD 13,855.13 as outstanding remuneration, plus 5% interest p.a. as from 22 May 2019 until the date of effective payment.

3. Any further claims of the Claimant are rejected.

4. The Claimant is directed to immediately and directly inform the Respondent of the relevant bank account to which the Respondent must pay the due amount.

5. The Respondent shall provide evidence of payment of the due amount in accordance with this decision to psdfifa@fifa.org, duly translated, if applicable, into one of the official FIFA languages (English, French, German, Spanish).

6. In the event that the amount due, plus interest as established above is not paid by the Respondent within 45 days, as from the notification by the Claimant of the relevant bank details to the Respondent, the following consequences shall arise:

1.

The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid and for the maximum duration of three entire and consecutive registration periods. The aforementioned ban mentioned will be lifted immediately and prior to its complete serving, once the due amount is paid.

(cf. art. 24bis of the Regulations on the Status and Transfer of Players).

2.

In the event that the payable amount as per in this decision is still not paid by the end of the ban of three entire and consecutive registration periods, the present matter shall be submitted, upon request, to the FIFA Disciplinary Committee.

For the Dispute Resolution Chamber:

Emilio García Silvero

Chief Legal & Compliance Officer

NOTE RELATED TO THE APPEAL PROCEDURE:

According to article 58 par. 1 of the FIFA Statutes, this decision may be appealed against before the Court of Arbitration for Sport (CAS) within 21 days of receipt of the notification of this decision.

NOTE RELATED TO THE PUBLICATION:

FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request of a party within five days of the notification of the motivated decision, to publish an anonymised or a redacted version (cf. article 20 of the Procedural Rules).

CONTACT INFORMATION:

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