Facts
The opposing party to the appeal, A., applied for unemployment compensation from the Public Unemployment Insurance Fund of the Canton of Solothurn as of December 1, 2021, after his employment relationship had ended due to termination by the employer on November 30, 2021. The cantonal Office for Industry, Commerce and Labor (KIGA) of the Canton of Basel-Landschaft denied the opposing party's employability for the period from December 1 to 24, 2021 and from March 1, 2022 onwards due to full incapacity to work, in a decision dated April 6, 2022. The unemployment insurance fund then denied the claim for unemployment compensation from December 1, 2021 until further notice.
The opposing party filed an appeal against the decision of the unemployment insurance fund with the Insurance Court of the Canton of Solothurn. The court partially upheld the appeal and awarded the opposing party daily allowances from the unemployment insurance for various periods.
The unemployment insurance fund has filed an appeal in public law matters with the Federal Supreme Court against this judgment.
Considerations
The Federal Supreme Court examines whether the lower court violated federal law by awarding the opposing party daily allowances from the unemployment insurance for the period from December 1 to 5, 2021 and from March 1 to 20, 2022 due to temporary incapacity to work in accordance with Art. 28 para. 1 AVIG.
For the period from December 1 to 5, 2021, the Federal Supreme Court considered the award of daily allowances to be lawful, as the KIGA had determined in its decision of April 6, 2022 that the opposing party was completely incapable of work and placement for this period. This finding is binding on the…