Inadmissibility of declaratory claim for public sector salary under BAT Pay Group III highest age stage

The Federal Labour Court partially reversed the appellate judgment and dismissed the claimant's appeal as inadmissible specifically regarding the request for a declaratory ruling that the defendant was obliged to pay basic remuneration under Pay Group III, Section 1a of the BAT, at the highest age stage for the period from August 1, 2008, to December 31, 2009, thereby leaving the lower court’s judgment in force on that issue and ordering the claimant to bear the costs of the appeal and revision. The dispute concerned a public service salary claim where the plaintiff sought to establish a specific entitlement to upgraded remuneration based on career progression rules. The decisive legal basis involved the interpretation of the collective agreement on public service salaries (BAT) regarding the conditions for ascending to the highest age stage within a specific pay group, with the court determining that the specific declaratory relief sought was procedurally inadmissible in the appellate instance.