Facts
A., born in 1990, registered with the Unemployment Insurance Fund of the Canton of Zurich for benefit receipt on October 23, 2015 and applied for the payment of insolvency compensation. He claimed to have worked as a helper plasterer for the now insolvent B. GmbH from March 3 to June 27, 2014. The Unemployment Insurance Fund rejected his claim for insolvency compensation, as the wage claim had not been credibly demonstrated.
The Social Insurance Court of the Canton of Zurich partially upheld A.'s appeal and found that he was entitled to insolvency compensation. The Unemployment Insurance Fund of the Canton of Zurich then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that according to Art. 74 AVIV, for the payment of insolvency compensation it is sufficient that the employee credibly demonstrates his wage claim. However, the reduced burden of proof applies only to the question of whether and to what extent a wage claim exists against the insolvent employer. The other requirements for entitlement, such as the existence of an employment relationship with employment in Switzerland or the occurrence of an insolvency event, must be established with the degree of probability of the balance of probabilities.
The Federal Supreme Court partially upholds the appeal of…