Facts

Parties: Unia Unemployment Fund (appellant) against A. (respondent)

Court: I. social insurance division of the Federal Supreme Court

Date: June 14, 2016

Facts:

  • The Unia Unemployment Fund rejected A.'s claim for unemployment benefits (decision of October 14, 2014).
  • The Social Insurance Court of the Canton of Zurich upheld A.'s appeal and overturned the decision on the objection (decision of June 30, 2015).
  • The Unia Unemployment Fund filed an appeal with the Federal Supreme Court on September 14, 2015, without a postmark.
  • The Unia argued that the appeal was handed over to the post on September 14, 2015 at 16:30, which is evidenced by an internal recipient list.

Considerations

The appeal deadline pursuant to Art. 100 para. 1 FSCA is 30 days and must be submitted to the Federal Supreme Court or handed over to the post at the latest on the last day of the deadline (Art. 48 para. 1 FSCA). The burden of proof for the timely filing of the appeal lies with the sender, who must prove that the submission was handed over to the post by 24:00 on the last day of the deadline.

The Unia Unemployment Fund has a collection agreement with the post, according to which shipments are collected daily between 16:30 and 17:00. The post confirms that Economy parcels are collected the day before and transported overnight or in the morning for further processing. The first recording of the shipment in the "Easy Track" system takes place the next day and serves as a date…