Marc Salyers (205 cm, Samford’01) and his agent Guy Zucker took Trabzonpor Basketbol Kulubu Dernegi to arbitration at the Basketball Arbitral Tribunal (BAT). Salyers entered into a contract with the club on November 1 2011 when they signed him for the rest of the 2011-12 season.
Zucker corresponded with the club via email that his client was due USD 15,000 and had yet to receive it, on February 2012. He also stated that it was within his client’s right as part of an article in the said contract that he would not be required to participate in team activities due to non-receipt of salaries owed.
The team sent a settlement offer, where the player would receive USD 10,000 and his agent would receive USD 2,000. This was rejected by Zucker. On the same day, the team rejected his counter-proposal which contained a payment of USD 15,000 to his client and USD 2,500 to himself.
On 20 March 2012, Counsel for the Claimants sent a formal notice by fax, email and registered letter to the Respondent claiming in favour of the Player USD 15,000 (for the month of January 2012) and USD 60,000 as severance payment (for the months February through May) as well as interest on the total amount.
On October 2012 the claimants filed for abitration at the BAT.
The team failed to submit an answer at the BAT during the abitration period.
The BAT has announced the award as follows:
1. Trabzonspor Basketball Kulübü Dernegi is ordered to pay to Mr. Marc Salyers the amount of USD 75,000 for unpaid salary and compensation plus interest in the amount of 5% per annum on the amount of USD 15,000 from 6 January 2012 and 5% per annum on the amount of USD 60,000 from 2 February 2012.
2. Trabzonspor Basketball Kulübü Dernegi is ordered to pay to Mr. Guy Zucker agent fees in the amount of USD 5,250 plus interest in the amount of 5% per annum on the amount of USD 250 from 2 December 2011 and 5% per annum on the amount of USD 5,000 from 16 March 2012.
3. Trabzonspor Basketball Kulübü Dernegi is ordered to pay jointly to Mr. Marc Salyers and Mr. Guy Zucker the amount of EUR 7,960 as reimbursement of their arbitration costs.
4. Trabzonspor Basketball Kulübü Dernegi is ordered to pay jointly to Mr. Marc Salyers and Mr. Guy Zucker the amount of EUR 7,000 as a contribution towards their legal fees and expenses. Trabzonspor Basketball Kulübü Dernegi shall bear its own fees and expenses.
5. Any other or further-reaching requests for relief are dismissed.