Facts
The Unemployment Insurance Fund of the Canton of Zurich had paid unemployment benefits to the insured person A. for the period from October 2015 to January 2016. After the IV-Office of the Canton of Zurich had awarded A. a full disability pension with a degree of disability of 100% from June 1 to December 31, 2015, the Unemployment Insurance Fund retrospectively denied the ability to be placed and thus the entitlement to unemployment benefits for the period from September 14 to December 31, 2015. It demanded the reimbursement of the benefits paid during this time, amounting to CHF 19,696.95.
The Social Insurance Court of the Canton of Zurich partially upheld the appeal and determined that there was no reimbursement obligation for the control period of January 2016. The Unemployment Insurance Fund then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal of the Unemployment Insurance Fund. It stated that due to the subsequent award of the disability pension, the requirements for a procedural revision were met. The Unemployment Insurance Fund therefore had to examine the insured person's entitlement to benefits, taking into account the newly established facts and without being bound by previous assessments.
Since the insured person received a full disability pension from June 1 to December 31, 2015 and was therefore not able to be placed due to the lack of reasonable ability to work, he did not meet all the…