Basketball Arbitral Tribunal considers unpaid salary and bonuses
Bone v Galatasary Spor Kulübü Derneği (BAT 0739/15)
- Related Member(s):
- Raj Parker
- Related Practice Area(s):
- Sports Law, Arbitration
- Basketball Arbitral Tribunal (BAT)
Claimant submitted that the respondent owed her for contractual bonuses, and for salary due.
Held: The contract detailed that the arbitrator shall decide “ex aequo et bono” which means it shall be decided applying general considerations of justice without reference to any particular national or international law. The arbitrator noted that in terms of bonuses, if the parties had intended certain games to be exempt from the bonus, they would have detailed this in the contract. The financial penalty imposed on the claimant to be deducted from the salary was rejected. The arbitrator held that the respondent didn’t give the claimant opportunity to make representations or engage with a disciplinary process, and only notified the claimant after the termination of the contract. There was also no evidence given to support this claim.