Facts
In this case, it was about the reclaiming of short-time work compensation that had been wrongly paid to a member of the board of directors of a corporation. The Cantonal Unemployment Insurance Fund of Nidwalden had paid short-time work compensation to the board member [K.] jun. over a period of more than two years, although he was excluded from such entitlement due to his position on the board of directors pursuant to Art. 31 para. 3 lit. c AVIG.
The unemployment insurance fund claimed back the benefits that had been wrongly received in the total amount of CHF 62,377.65. The Administrative Court of the Canton of Nidwalden had considered the reclaiming to be partially admissible, insofar as it concerned the compensation paid in the year prior to November 15, 1994 (date of the decision).
Considerations
The Federal Supreme Court stated that the payment of short-time work compensation to [K.] jun. was clearly in contradiction with the legal regulation, as he was excluded from the entitlement to compensation as a member of the board of directors pursuant to Art. 31 para. 3 lit. c AVIG.
Although a procedural revision of the legally binding granting of benefits was out of the question, as [K.] jun.'s position on the board of directors was publicly known due to the commercial register entry. However, the prerequisite of the undoubted incorrectness of the granting of short-time work compensation was fulfilled, as it was materially unfounded due to Art. 31 para. 3 lit. c AVIG.
Regarding the forfeiture of the reclaiming, the Federal Supreme Court stated that the one-year relative period of forfeiture under Art. 95 para. 4…