Facts
B., born in 1982, was employed as a plasterer for E. AG since August 16, 2004. After an accident on December 13, 2008, for which the Swiss Accident Insurance Fund (SUVA) provided insurance benefits, he was no longer able to perform this employment. The employer terminated the employment relationship by written notice dated February 16, 2011, effective March 31, 2011.
B. registered with the employment office on March 7, 2011 and applied for unemployment compensation as of April 1, 2011. The Unia Unemployment Insurance Fund opened a framework period for the receipt of benefits from April 1, 2011 to March 31, 2013 and subsequently paid daily allowances based on an insured income of CHF 5,515. After SUVA had rejected a pension claim by decision of April 7, 2011 with reference to an incapacity to work of "at most 7.89%", the fund announced a correction of the insured income to CHF 5,080 (92.11%).
Considerations
The Federal Supreme Court concluded that the unemployment insurance fund was not allowed to reduce the insured income of CHF 5,515 as of April 1, 2011 by 7.89% to CHF 5,080. According to the meaning and purpose of Art. 40b of the Ordinance on Compulsory Unemployment Insurance and Insolvency Compensation (AVIV), the obligation of the unemployment insurance to provide benefits should be limited to the extent…