An employee hired as a driver resigns and goes to court. He asks his employer for a salary recall for overtime worked on journeys where he had to comply with his instructions.

The Court of Appeal upholds the employee’s application and convicts the employer. It maintains that the employee was required to comply with the employer’s directives during his journey times. The latter therefore formed part of the employee's actual working time. The employer appeals to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal decision. For her, the employee’s travel time to get to the hotel to sleep there is not part of his actual working time. Indeed, the Court of Appeal did not characterize the employer’s instructions that the employee had to follow during these trips back to the hotel. The employee could therefore “go about his personal business”.