0260 Szczechowiak vs. Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

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ARBITRAL AWARD

(BAT 0260/12)

by the

BASKETBALL ARBITRAL TRIBUNAL (BAT)

Mr. Klaus Reichert SC

in the arbitration proceedings between

Ms. Charity Szczechowiak -Claimant

represented by Ms. Karolina Lech

vs.

Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa”

35/2 Matejki, 87-100 Torun, Poland

-Respondent

represented by its President, Mr Maciej Krystek

AWARD

Upon providing both parties with an opportunity to be heard, having ascertained his jurisdiction and considered the factual and legal arguments as well as the requests for relief submitted in this case, the Arbitrator decides as follows:

Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak outstanding salary in the amount of PLN 123,000.00 (being PLN 100,000.00 plus VAT of PLN 23,000.00).
Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak interest of 5% per annum on the amount of PLN 123,000.00 from 13 October 2011 until payment.
Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak the amount of EUR 5,430.00 as a contribution towards her legal costs and expenses. Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” shall bear its own legal costs and expenses.
The costs of this arbitration until the present Award, which were determined by the President of the BAT to be in the amount of EUR 2,000.00 shall be borne by Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” alone. Accordingly, Miejski Miedzyszkolny Klub Sportowy Katarzynki Torun “Energa” is ordered to pay to Ms. Charity Szczechowiak EUR 2,000.00.
Any arbitration costs associated with a Request for Reasons (see attached Notice) shall be advanced and borne by the requesting party.
Arbitral Award 2/4 (BAT 0260/12)

6. Any other or further requests for relief are dismissed.

Geneva, seat of the arbitration, 9 October 2012

Klaus Reichert (Arbitrator)

Arbitral Award 3/4 (BAT 0260/12)

Notice about Request for Reasons

in accordance with Article 16.2 of the BAT Rules:

“By agreeing to submit their dispute to arbitration under these Rules, the Parties agree that, where the value of the dispute does not exceed EUR 30,000, the Arbitrator will issue an award without reasons. The Arbitrator shall deliver reasons only in the case where a party

a) files a request to that effect at any stage from when the Request for Arbitration is filed until no later than ten (10) days after the notification of the award without reasons; and

b) pays the respective advance on costs as determined and within the time limit set by the BAT Secretariat.”

On 19 March 2012 the BAT Secretariat informed the Parties that the amount of the advance on costs to be paid for a reasoned award in this case is EUR 5,000. The time limit for payment thereof shall be set by the BAT Secretariat upon receipt of the Request for Reasons, if any.

Arbitral Award 4/4 (BAT 0260/12)