Facts
K., born in 1982, completed his studies on November 30, 2008 and performed civilian service from December 8, 2008 to March 15, 2009. The Compensation Fund of the Canton of Zurich compensated him at the minimum rate. K. filed a complaint against this compensation and requested that it be set based on the industry-standard starting salary.
The Social Insurance Court of the Canton of Zurich dismissed the complaint. K. then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court notes that Art. 1 para. 2 lit. c of the Compensation Ordinance (EOV) establishes a rebuttable legal presumption that persons who have completed their education immediately before entering service would have taken up employment. However, this presumption can be rebutted if the administration cites circumstances indicating that the claimant would not have taken up employment even without completing the service.
In the present case, the cantonal court found that K. had stayed abroad after the end of his service until June 29, 2009. Under these circumstances, it could not be assumed that he would have…