Facts
The insured person was employed as a part-time telephone operator with an average workload of 15 hours per week, while the normal company-wide weekly working time was 43 hours. After her divorce on November 23, 1983, in which she was awarded parental custody of her daughter, she initially unsuccessfully sought a full-time position. She registered with the unemployment insurance fund for daily allowance benefits as of December 28, 1983 and continued her part-time employment until the end of March 1984. At the end of March 1984, she terminated the part-time employment after she had found a full-time position starting in early April 1984. The unemployment insurance fund assumed that the insured person had been forced to expand her dependent employment due to the divorce and therefore calculated her insured daily earnings at a flat rate of CHF 80.--. Since the part-time earnings achieved by the insured person in the control periods from January to March 1984 were higher than the monthly daily allowance entitlement, the fund rejected the claim for unemployment compensation for this period. The insured person filed a complaint with the Cantonal Appeals Commission, which was of the opinion that the crediting of the part-time earnings against the unemployment compensation was not sufficiently based on the law or the ordinance. The Appeals Commission calculated the insured person's insured earnings proportionately at CHF 52.10 per day and awarded her a daily allowance of CHF 41.70.Considerations
1. The Federal Supreme Court states that for the calculation of the daily allowance entitlement in the case of partial unemployment, the extent of the creditable loss of work is decisive. This results from the difference between the actual part-time work and the normal company-wide working time. If the insured earnings correspond to unrestricted employment during the assessment period, the part-time earnings must not be credited against the unemployment compensation. However, if the insured earnings are an expression of part-time work already performed during the assessment…