Facts
The case concerns a boarding school director who was dismissed by his employer at the end of May 2022. The employer and the employee then concluded a settlement, under which the employer paid the employee a compensation of 45,000 Swiss francs as a "penalty/compensation for the early termination of the employment relationship within the meaning of Art. 336a CO (satisfaction)". The employee then applied for unemployment compensation, which the competent authority, however, rejected. The cantonal court upheld the employee's appeal and determined his entitlement to unemployment compensation for the months of June to October 2022. The authority appealed against this to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the lower court had rightly concluded, after careful consideration of all the circumstances, that the intention of the contracting parties had been to pay the employee compensation for the abusive dismissal in accordance with Art. 336a CO. Such…