Facts
The complainant had submitted a form "Proof of personal job search efforts" without specifying any job search efforts on May 29, 1997. The unemployment insurance fund then suspended his entitlement to benefits for 9 days due to "initially insufficient personal job search efforts" by decision of June 6, 1997, without hearing him prior to the issuance of the decision. The complainant argued in his appeal to the administrative court that he had not been granted the right to be heard before the suspension decision was issued.
The unemployment insurance fund and the Administrative Court of the Canton of Bern were of the opinion that the complainant had been granted the right to be heard by submitting the form "Proof of personal job search efforts" that he had filled out himself. However, the complainant argued that this was not equivalent to granting him the right to be heard, as he had not been able to comment on the intended sanction and potentially present additional exculpatory reasons.
Considerations
The Federal Insurance Court ruled that the complainant had not been granted the right to be heard before the suspension decision was issued. The suspension of entitlement to benefits is an administrative sanction that significantly interferes with the legal status of the insured person. The right to be heard includes the parties' rights to participate in the proceedings and influence the decision-making process.
The court found that submitting the form regarding job search efforts made in the previous month was not equivalent to granting the right to be heard. The right to be heard requires that a person be able to comment on the intended sanction and potentially present additional exculpatory reasons. Since the administrative sanction of suspension undoubtedly constitutes a…