Facts
J., born in 1960, works as a freelance journalist, among other things for X. AG. In March 2012, there was a decline in employment, whereupon she registered with the employment office and applied for unemployment compensation. However, the Unemployment Insurance Fund of the Canton of Lucerne denied a claim for unemployment benefits from April 20, 2012 onwards, as there was no accountable loss of work and earnings.
The Administrative Court of the Canton of Lucerne overturned the objection decision and referred the matter back to the Unemployment Insurance Fund, as it assumed that the insured person had suffered an accountable loss of work and/or earnings. The Unemployment Insurance Fund then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that in the case of on-call work, the actual time worked is generally to be considered normal. The observation period can be all the shorter, the less the work assignments fluctuate in the individual months.
In the present case, the calculations of the cantonal court show that the fluctuations in earnings, when considering a three-year period, are a maximum of 10% upwards and 6% downwards. This allows a normal working time to be determined, so that the insured…