Admissibility of declaratory judgment for collective agreement wage arrears in public sector employment

The Federal Labour Court (BAG) reversed the appellate court's judgment and dismissed the employee's appeal as inadmissible, thereby upholding the lower court's decision that no obligation exists for the employer to pay the disputed back wages. The case involved a public sector employee who claimed entitlement to the highest seniority-level basic salary under pay group II a of the Collective Agreement for the Public Sector (BAT), challenging the employer's calculation or application of the relevant pay group for the period between August 2008 and December 2009. The court determined that the plaintiff's attempt to seek a declaratory judgment regarding this specific wage component at the appellate stage was procedurally impermissible, resulting in the final rejection of her claim for higher remuneration and the imposition of procedural costs on the plaintiff.