Facts
The case concerns a suspension of entitlement to unemployment insurance benefits due to false statements made by the insured person S. regarding proof of his personal job search efforts. The Public Unemployment Office of Basel-City imposed a suspension of 60 days, which the Cantonal Arbitration Commission for Unemployment Insurance of Basel-City reduced to 45 days. The Unemployment Office then filed an administrative court appeal with the aim of restoring the original suspension period of 60 days.
Considerations
The Federal Social Insurance Court examined whether the administrative practice of generally suspending insured persons at the upper limit of severe fault (26-60 days of suspension) for false statements regarding proof of personal job search efforts constitutes an abuse of discretion.
The Court concluded that this administrative practice represents an error of discretion, as it does not properly exhaust the entire scope of discretion. As a proper starting point for the assessment of fault in the realm of severe fault, a mean value of approximately 43 days of suspension should be chosen. This…