Key legal question
Whether uncompensated overtime from 2006-10-15 to 2007-02-14 is covered by insolvency compensation
Extracted holding
No, because under the governing collective agreement the employee could not yet expect cash payment for overtime while the employment relationship was ongoing; the claim arose only upon termination, outside the protected scope.
Extracted reasoning
Insolvency compensation covers wage claims the employee could reasonably expect to be paid during the last four months of employment if the relationship had continued. Here overtime was first to be compensated by time off until 31 March 2007, with payment plus 25% only if compensation by leisure failed. Since the employee terminated on 14 February 2007, no matured expectation of cash payout existed in the protected period.