FIFA - Decisión disputa Crichlow 21062023 (1)

REF. FPSD-9937

Decision of the Dispute Resolution Chamber passed on 21 June 2023 regarding an employment-related dispute concerning the player Kane Sinclair Crichlow BY: Michele Colucci (Italy), Single Judge of the DRC

CLAIMANT:

Kane Sinclair Crichlow, Bermuda Represented by Dino Osmanovic

RESPONDENT:

EPISKOPI FC, Greece pg. 2

REF. FPSD-9937

I. Facts of the case

1. On 21 September 2022, the British player, Kane Sinclair Crichlow (hereinafter: the player or the Claimant) and the Greek club, EPISKOPI FC (hereinafter: the club or the Respondent) concluded an employment contract (hereinafter: the contract), valid as from the date of its signature and until 30 June 2023.

2. In accordance with clause 4 of the contract, the club undertook to pay / provide the player – inter alia – with the following remuneration / benefits: - EUR 1,600 as advanced payment; - EUR 650 net as monthly salary, payable by the last day of the month; - EUR 650 net as fixed Christmas bonus; - EUR 325 net as fixed Easter bonus; - EUR 325 net as fixed Holiday bonus; - EUR 2,000 as bonus, should the team be within the first 4 positions in the competition; - EUR 100 for every assist; - EUR 1000 for ever goal scored; - Provide the player with food; - Provide the player with housing; - Provide the player with a flight ticket England – Greece – England.

3. In particular, clause 4 para. 4 of the contract, states that the club will pay to the player the following amounts: - EUR 950 by 30 September 2022; - EUR 950 by 31 October 2022; - EUR 950 by 30 November 2022; - EUR 950 by 31 December 2022;

• EUR 950 by 28 February 2022; - EUR 950 by 31 March 2023; - EUR 950 by 30 April 2023; - EUR 950 by 31 May 2023; - EUR 950 by 30 June 2023.

4. Thus, in joint reading of clauses 4 and 4 para. 4 of the contract, the fixed monthly salary / fixed monthly remuneration due by the club to the player amounts to EUR 1,600 (EUR 650 as salary as per clause 4 of the contract and EUR 950 as fixed monthly instalments due as per clause 4.4 of the contract), hereinafter referred to as “joint monthly salary”.

5. Clause 4 para. 6 of the contract states that the club is responsible for: “Pension contribution, social security costs, as required by law, paid in full and on time”. pg. 3

REF. FPSD-9937

6. By means of his letter dated 27 March 2023, the player put the club in default of payment in the total amount of EUR 7,871, corresponding to 4 joint monthly salaries and further moneys, thereby granting the club a deadline of 15 days to cure its breach, to no avail.

7. Subsequently, by means of his letter dated 13 April 2023, the player unilaterally terminated the contract, informing the club that it owed him the amount of EUR 10,861 as outstanding moneys.

8. The player remained unemployed following the termination of the contract.

II. Proceedings before FIFA

a. Position of the Claimant

9. On 15 April 2023, the player lodged a claim against the club before the Football Tribunal, requesting to be awarded outstanding remuneration and compensation for breach of contract in the total amount of EUR 15,021, plus 5% interest p.a. as from the respective due dates, broken down by the Claimant as follows: Outstanding remuneration: EUR 10,861

• EUR 100 as bonus for having assisted a goal in a math against Olympiacos; - EUR 100 as bonus for having scored a goal in a match against FC Chania; - EUR 421 as reimbursement of a flight ticket’s expense Greece – England, when leaving the country after the club’s failure to obtain his working visa (supporting document on file, albeit not clear, as it does not display the itinerary – FIFA Travel has been consulted and a flight ticket Athens – Bermuda costs approximately EUR 448 in economy class); - EUR 1,600 as fixed Christmas bonus (in the understanding that it shall amount to one joint monthly salary, as per the wording of clause 4 of the contract); - EUR 800 as fixed Holidays bonus (in the understanding that it shall amount to half of the joint monthly salary, as per the wording of clause 4 of the contract); - EUR 1,600 as joint monthly salary of December 2022; - EUR 1,600 as joint monthly salary of January 2023; - EUR 1,600 as joint monthly salary of February 2023; - EUR 1,600 as joint monthly salary of March 2023; - EUR 640 as the pro-rata-calculated joint monthly salary of April 2023 (12 days); - EUR 800 as fixed Easter bonus (in the understanding that it shall amount to half of the joint monthly salary, as per the wording of clause 4 of the contract). pg. 4

REF. FPSD-9937

Compensation for breach of contract: EUR 4,160 - EUR 960 as the pro-rata-calculated joint monthly salary of April 2023 (18 days); - EUR 1,600 as joint monthly salary of May 2023; - EUR 1,600 as joint monthly salary of June 2023.

10. In addition, the Claimant requested the club be ordered to “provide the evidence that the corresponding pension contributions and the social security costs, as required by law, as well as

the tax and medical insurance obligations are complied with and paid” in accordance with clause 4 para. 6 of the contract.

11. In his claim, the player argued that the club failed to obtain his working permit, which forced him to “leave the country of Greece on 19 December 2022 due to his temporary visa being set to expire on the 20 December 2022”.

12. Furthermore, the Claimant explained that he – together with many other players of the club’s team – were “exposed to the degrading treatment in the form of the inhumane and unhygienic conditions since the accommodation provided by the Respondent did not even have the basic services in operation, electricity, water and WiFi” and that “at the start the Claimant had not even been provided with his own accommodation as promised and often was prevented from having the access to it”.

13. In this context, the Claimant further held that his salaries were paid in an irregular manner since the beginning of the contractual relationship and despite the player having put the club in default of payment, the club failed to cure its breach, reason why he had no alternative but to unilaterally terminate the contract; termination which he deems as made with just cause.

b. Position of the Respondent

14. Despite having been invited to reply to the claim, the Respondent failed to do so. pg. 5

REF. FPSD-9937

III. Considerations of the Dispute Resolution Chamber

a. Competence and applicable legal framework

15. First of all, the Single Judge of the Dispute Resolution Chamber (hereinafter referred to as the Single Judge) analysed whether he was competent to deal with the case at hand. In this respect, he took note that the present matter was presented to FIFA on 15 April 2023 and submitted for decision on 21 June 2023. Taking into account the wording of art. 34 of the March 2023 edition of the Procedural Rules Governing the Football Tribunal (hereinafter: the Procedural Rules), the aforementioned edition of the Procedural Rules is applicable to

the matter at hand.

16. Subsequently, the Single Judge referred to art. 2 par. 1 of the Procedural Rules and observed that in accordance with art. 23 par. 1 in combination with art. 22 lit. b) of the Regulations on the Status and Transfer of Players (March 2022 edition), 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 from Bermuda and a club from Greece.

17. Subsequently, the Single Judge 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 (March 2023 edition) and considering that the present claim was lodged on 15 April 2023, the March 2023 edition of said regulations (hereinafter: the Regulations) is applicable to the matter at hand as to the substance.

b. Burden of proof

18. The Single Judge recalled the basic principle of burden of proof, as stipulated in art. 13 par. 5 of the Procedural Rules, according to which a party claiming a right on the basis of an alleged fact shall carry the respective burden of proof. Likewise, the Single Judge stressed the wording of art. 13 par. 4 of the Procedural Rules, pursuant to which he may consider evidence not filed by the parties, including without limitation the evidence generated by or within the Transfer Matching System (TMS).

c. Merits of the dispute

19. His competence and the applicable regulations having been established, the Single Judge entered into the merits of the dispute. In this respect, the Single Judge started by acknowledging all the above-mentioned facts as well as the arguments and the documentation on file. However, the Single Judge emphasised that, in the following considerations, he will refer only to the facts, arguments and documentary evidence, which

he considered pertinent for the assessment of the matter at hand. pg. 6

REF. FPSD-9937

1. Main legal discussion and considerations

20. The foregoing having been established, the Single Judge moved to the substance of the matter and underscored that, as the Respondent failed to reply to the claim, the allegations of the Claimant have remained undisputed.

21. In particular, the Single Judge noted that it remains undisputed that the Claimant put the Respondent in default of payment, requesting the latter to proceed with the payment of more than 2 outstanding salaries / fixed payments, thereby granting the club a deadline of 15 days without the club remedying its default. Thus, the Single Judge determined that the Claimant terminated the contract with just cause on 13 April 2023 cf. art. 14bis of the

Regulations.

22. In addition, continued the Single Judge, further allegations of the Claimant – which have remained uncontested – such as the club’s non-obtention of his working visa and the fact that the club failed to provide the player with accommodation at the beginning of the contractual relationship, the player not having electricity are unacceptable behaviours from the club.

23. The above being said and even though the claim of the Claimant remains unchallenged, several aspects need to be considered, explained the Single Judge: - The Claimant provided sufficient evidence as to having assisted and scored goals in a match against Olympiacos and in a match against FC Chania, triggering the payment of the relevant bonuses and, thus, the Single Judge concluded that the Claimant complied with his standard of proof and shall therefore be awarded the requested bonuses, for which the contract provides legal basis. - As for the amount requested as flight tickets’ expenses to return to his home country, the Single Judge highlighted that the Claimant provided unclear evidence.

However, conceded the Single Judge, as the player is contractually entitled to it, the Football Tribunal requested FIFA Travel to provide it with the estimated price of a flight ticket from Athens (nearest airport to the club) to L.F. Wade International

Airport (Bermuda’s airport), which amounts to EUR 448 and, since the price requested by the Claimant is lower than the benchmark obtained, the amount of EUR 421 shall be awarded, as requested. - Even though it is true that the joint monthly salary of the player amounts to EUR 1,600, pointed out the Single Judge, clause 4.1 of the contract clearly stipulates that the fixed bonuses (Christmas, Easter, Holidays) amount to either EUR 650 or EUR 325, respectively. Thus, the request of the Claimant in this respect cannot be entirely accepted, concluded the Single Judge. pg. 7 REF. FPSD-9937 - As for the salary of April 2023, the Single Judge concluded that it shall fully integrate the compensation for breach of contract and not the outstanding remuneration in accordance with the jurisprudence of the Football Tribunal. ii. Consequences

24. Having stated the above, the Single Judge turned his attention to the question of the consequences of such unjustified breach of contract committed by the Respondent.

25. The Single Judge observed that the outstanding remuneration at the time of termination, coupled with the specific requests for relief of the player, amounts to EUR 8,321, corresponding to the following concepts / considerations: - EUR 421 (flight tickets’ expenses); - EUR 650 (fixed Christmas bonus); - EUR 325 (fixed Holidays bonus); - EUR 1,600 (salary of December 2022); - EUR 1,600 (salary of January 2023); - EUR 1,600 (salary of February 2023); - EUR 1,600 (salary of March 2023); - EUR 325 (fixed Easter bonus); - EUR 200 (bonuses).

26. As a consequence, and in accordance with the general legal principle of pacta sunt servanda, the Single Judge decided that the Respondent is liable to pay to the Claimant the amounts

which were outstanding under the contract at the moment of the termination, i.e. EUR 8,321.

27. In addition, taking into consideration the Claimant’s request as well as the constant practice of the Single Judge in this regard, the latter decided to award the Claimant interest at the rate of 5% p.a. on the outstanding amounts as from the respective due dates until the date of effective payment.

28. Having stated the above, the Single Judge turned to the calculation of the amount of compensation payable to the player by the club in the case at stake. In doing so, the Single Judge firstly recapitulated that, in accordance with art. 17 par. 1 of the Regulations, the amount of compensation shall be calculated, in particular and unless otherwise provided for in the contract at the basis of the dispute, with due consideration for the law of the country concerned, the specificity of sport and further objective criteria, including in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a pg. 8

REF. FPSD-9937 maximum of five years, and depending on whether the contractual breach falls within the protected period.

29. In application of the relevant provision, the Single Judge held that he first of all had to clarify as to whether the pertinent employment contract contained a provision by means of which the parties had beforehand agreed upon an amount of compensation payable by the contractual parties in the event of breach of contract. In this regard, the Single Judge established that no such compensation clause was included in the employment contract at the basis of the matter at stake.

30. As a consequence, the Single Judge determined that the amount of compensation payable by the club to the player had to be assessed in application of the other parameters set out in art. 17 par. 1 of the Regulations. The Single Judge recalled that said provision provides for a non-exhaustive enumeration of criteria to be taken into consideration when

calculating the amount of compensation payable.

31. Bearing in mind the foregoing as well as the claim of the player, the Single Judge proceeded with the calculation of the monies payable to the player under the terms of the contract from the date of its unilateral termination until its end date. Consequently, the Single Judge concluded that the amount of EUR 4,800 (salaries of April, May and June 2023 in the amount of EUR 1,600 each) serves as the basis for the determination of the amount of compensation for breach of contract.

32. In continuation, the Single Judge verified as to whether the player had signed an employment contract with another club during the relevant period of time, by means of which he would have been enabled to reduce his loss of income. According to the constant practice of the DRC as well as art. 17 par. 1 lit. ii) of the Regulations, such remuneration under a new employment contract shall be taken into account in the calculation of the amount of compensation for breach of contract in connection with the player’s general obligation to mitigate his damages.

33. In this respect, the Single Judge acknowledged that the player did not find any new employment following the termination of the contract at stake.

34. Consequently, on account of all of the above-mentioned considerations and the specificities of the case at hand, the Single Judge decided that the club must pay the amount of EUR 4,800 to the player (i.e. the residual value of the contract), which was to be considered a reasonable and justified amount of compensation for breach of contract in the present matter.

35. Lastly, taking into consideration the player’s request as well as the constant practice of the Single Judge in this regard, the latter decided to award the player interest on said compensation at the rate of 5% p.a. as of 13 April 2023 until the date of effective payment. pg. 9

REF. FPSD-9937 iii. Compliance with monetary decisions

36. Finally, taking into account the applicable Regulations, the Single Judge referred to art. 24

par. 1 and 2 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.

37. In this regard, the Single Judge highlighted 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. The overall maximum duration of the registration ban shall be of up to three entire and consecutive registration periods.

38. Therefore, bearing in mind the above, the Single Judge decided that the Respondent must pay the full amount due (including all applicable interest) to the Claimant within 45 days of notification of the decision, failing which, at the request of the Claimant, a ban from registering any new players, either nationally or internationally, for the maximum duration of three entire and consecutive registration periods shall become immediately effective on the Respondent in accordance with art. 24 par. 2, 4, and 7 of the Regulations.

39. The Respondent shall make full payment (including all applicable interest) to the bank account provided by the Claimant in the Bank Account Registration Form, which is attached to the present decision.

40. The Single Judge 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. 24 par. 8 of the Regulations.

d. Costs

41. The Single Judge referred to art. 25 par. 1 of the Procedural Rules, according to which “Procedures are free of charge where at least one of the parties is a player, coach, football agent, or match agent”. Accordingly, the Single Judge decided that no procedural costs were to be imposed on the parties.

42. Likewise, and for the sake of completeness, the Single Judge recalled the contents of art. 25 par. 8 of the Procedural Rules and decided that no procedural compensation shall be

awarded in these proceedings.

43. Lastly, the Single Judge concluded its deliberations by rejecting any other requests for relief made by any of the parties. pg. 10

REF. FPSD-9937

IV. Decision of the Dispute Resolution Chamber

1. The claim of the Claimant, Kane Sinclair Crichlow, is partially accepted.

2. The Respondent, EPISKOPI FC, must pay to the Claimant the following amount(s): - EUR 8,321 as outstanding remuneration plus 5% interest p.a. as follows: - On the amount of EUR 1,600, as from 1 January 2023 until the date of effective payment; - On the amount of EUR 1,600, as from 1 February 2023 until the date of effective payment; - On the amount of EUR 1,600, as from 1 March 2023 until the date of effective payment; - On the amount of EUR 1,600, as from 1 April 2023 until the date of effective payment; - On the amount of EUR 325, as from 13 April 2023 until the date of effective payment; - On the amount of EUR 421, as from 13 April 2023 until the date of effective payment; - On the amount of EUR 650, as from 13 April 2023 until the date of effective payment; - On the amount of EUR 325, as from 13 April 2023 until the date of effective payment; - On the amount of EUR 200, as from 13 April 2023 until the date of effective payment. - EUR 4,800 as compensation for breach of contract plus 5% interest p.a. as from 13 April 2023 until the date of effective payment.

3. Any further claims of the Claimant are rejected.

4. Full payment (including all applicable interest) shall be made to the bank account indicated in the enclosed Bank Account Registration Form.

5. Pursuant to art. 24 of the Regulations on the Status and Transfer of Players, if full payment

(including all applicable interest) is not made within 45 days of notification of this decision, the following consequences shall apply:

1. The Respondent shall be banned from registering any new players, either nationally or internationally, up until the due amount is paid. The maximum duration of the ban shall be of up to three entire and consecutive registration periods.

2. The present matter shall be submitted, upon request, to the FIFA Disciplinary Committee in the event that full payment (including all applicable interest) is still not made by the end of the three entire and consecutive registration periods.

6. The consequences shall only be enforced at the request of the Claimant in accordance with art. 24 par. 7 and 8 and art. 25 of the Regulations on the Status and Transfer of Players. pg. 11

REF. FPSD-9937

7. This decision is rendered without costs.

For the Football Tribunal: Emilio García Silvero

Chief Legal & Compliance Officer NOTE RELATED TO THE APPEAL PROCEDURE: According to article 57 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 17 of the Procedural Rules Governing the Football

Tribunal).

CONTACT INFORMATION

Fédération Internationale de Football Association FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland www.fifa.com | legal.fifa.com | psdfifa@fifa.org | T: +41 (0)43 222 7777 pg. 12