There could be a new twist in former Kaizer Chiefs striker Samir Nurkovic's dispute with Royal AM, a legal expert has said speaking exclusively to the Siya crew.
Royal Am have had a ban imposed on them by FIFA after Nurkovic won a case against the club for an unfair dismissal.
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Having joined the KwaZulu-Natal outfit in July last year as a free agent, the Serbian had his two-year deal with the club terminated after three months.
FIFA ruled that the forward should be paid around R12 million after the player took the matter to them with the assistance of his camp and legal team.
The KZN outfit has still not made the payment, according to informants, while the player has since found a new home with TS Galaxy after being unveiled by the club this week.
Legal expert Kabelo Mashigo, who is a specialist in corporate, commercial, sports and entertainment law, believes that the Shauwn 'Mamkhize' Mkhize-owned club could have a leg to stand on with regards to the outstanding monies to Nurkovic after the player opted to sign with a new club.
"With Nurkovic being employed by TS Galaxy, there is recourse. In terms of our law, if you are claiming damages and you are able to mitigate those damages, then the claimed amount can be reduced. By that I mean, if you have a contract that says you are going to earn R20 000 for a year and then you get fired or you are terminated without just cause but you get employment where you are going to earn R15, that R15 must be deducted from the R20 000 from the other club that unfairly terminated or without just cause. In most of the cases if not all the cases in terms of FIFA, if you are referring a matter there's a point in which they ask if you are currently employed, meaning that you must provide them with your current employment contract so that they can see what damages, amounts and fees that are there after mitigating. If the payment was going to be R1 million and in your current employment you will be getting R800 000, there's R200 000 shortfall and that's what you should be paid and not the R1 million anymore," said Mashigo.
"Because this (Galaxy signing) probably happened after that process (FIFA ruling) had been completed, Royal AM have a recourse now to go back to FIFA. But something I didn't understand from the start is that here in South Africa we have DRC processes at the PSL. But some people take advantage of the fact that the appeals process at SAFA is a bit problematic but now there's a direct arbitration to go to," he said.
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"Royal AM have a recourse but it doesn't mean that it will stop the ban because there will still be an amount that is payable depending on the player's contract with TS Galaxy. If it turns out the package is bigger than the one that the player has with TS Galaxy, then the ban will have to be lifted immediately with a few letters being sent indicating what the issues are. The player himself must be fair and disclose the amounts to continue with his career without any issues," concluded the attorney.
