Facts
A. AG, an event organization company, applied to the Lucerne Compensation Fund for COVID-19 loss of earnings compensation for its Board of Directors and Director B., as well as for his spouse who works in the business. The Compensation Fund denied the Director's entitlement to benefits, as his relevant income did not fall between CHF 10,000 and CHF 90,000. A. AG filed an appeal against this, which was dismissed by the Lucerne Cantonal Court.
In the appeal to the Federal Supreme Court, A. AG requested that COVID-19 loss of earnings compensation be paid to the Director from June 1, 2020 and, alternatively, to his spouse from December 1, 2020.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was considered. It stated that the employer's right to register and appeal regarding the claim for COVID-19 loss of earnings compensation cannot be derived from Art. 7 para. 2 of the COVID-19 Ordinance on Loss of Earnings. The claim for COVID-19 loss of earnings compensation for insured persons in an employer-like position is subsidiary to the continued payment of wages by the employer.
The decisive factor is whether the Director himself suffered a loss of earnings. Since the agreed monthly salary was credited to the Director's current account at least until the end of August 2020, he did not…