Kernrechtsfrage
Whether the employee was entitled under Art. 337c(1) CO to payment for unused vacation and the annual ten-day overtime-compensation allowance after summary dismissal.
Extrahierter Entscheid
Yes. The allowance was treated like vacation entitlement and could be monetized for the period up to the ordinary contractual end date.
Extrahierte Begründung
The right under Art. 337c(1) CO covers the salary and contractual benefits the employee would have earned until the end of the notice period. A fixed annual compensation allowance is due irrespective of monthly hours worked and, like vacation, may be converted into money when the contract would have ended within a relatively short time.