Facts

[A.] , born in 1954, registered for benefit payments with the unemployment insurance on 30 June 2008. Since 1 November 2008, he had been working on-call as a service assistant at Hotel [H.] . On 1 September 2010, the Cantonal Unemployment Office of St. Gallen opened a subsequent benefit period, and after its expiration, [A.] applied for the opening of a third benefit period as of 1 October 2012. The Unemployment Office rejected the further claim for unemployment compensation, as the on-call employment had become the norm and therefore there was no accountable loss of employment. The Insurance Court of the Canton of St. Gallen overturned the objection decision and referred the matter back to the Unemployment Office for examination of the other eligibility requirements. The Unemployment Office appealed this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal of the Unemployment Office. It stated that in the case of an on-call employment relationship that had been taken up during an ongoing benefit period and had also been accounted for as interim earnings in the following benefit period, in the context of the re-examination of the eligibility requirements for the possible opening of a further benefit period, given the long duration of the employment…