Facts
On May 24, 2017, the Unemployment Insurance Fund of the Canton of Bern denied the claim of [A.] , born in 1989, for unemployment compensation and obliged her to repay CHF 47,831.35. The appeals filed against this on August 3 and 8, 2017 were not considered by the Unemployment Insurance Fund in its appeal decision of August 24, 2017. The appeal filed by [A.] was dismissed by the Administrative Court of the Canton of Bern in its decision of August 28, 2018.
Considerations
The Federal Supreme Court first examined its jurisdiction and the admissibility requirements. It concluded that the appeal was filed late. The appellant was unable to provide proof of timely filing, as neither the envelope nor the legal document contained any indication of posting in the presence of witnesses. The subsequently submitted evidence of witness confirmation…