Facts
Y. (born 1966) worked as a gas station attendant/cashier at the company X. AG from February 17, 1997, and was insured under the company's occupational pension plan. The employer terminated his employment and that of three other employees with immediate effect on October 15, 2003, accusing them of theft and misappropriation at the workplace. In November 2004, Y. applied for disability benefits from the Disability Insurance (IV). The IV office of Basel-Landschaft awarded him a full disability pension as of November 1, 2006, without informing the occupational pension plan of the company X. AG.
Y. filed a lawsuit against the occupational pension plan of the company X. AG, seeking to be awarded a disability pension. The Cantonal Court of Basel-Landschaft upheld the claim in principle. The occupational pension plan of the company X. AG then filed a public law appeal with the aim of dismissing the claim in its entirety.
Considerations
The Federal Supreme Court upholds the appeal. It states that the video recordings at the workplace requested by the appellant are generally lawful and suitable evidence to prove the alleged offenses and the legally relevant facts. The Cantonal Court had violated the principle of investigation and the appellant's right to evidence by not admitting these means of proof.
The Federal Supreme Court points out that the question of benefit reduction or denial under Art. 21 para. 1 ATSG has not been conclusively clarified in the present case, as the IV…