Facts
N. had worked since 1981 as a control assistant in a machine factory with a monthly salary of CHF 2,750. On 31 January 1986, he terminated his employment contract effective at the end of March 1986, as according to him, the salary increase granted to him at the beginning of the year was too low. Having not found a new job, he registered as unemployed with the Burgdorf employment office as of 1 April 1986 and began receiving unemployment benefits. He reported regularly until 25 April 1986 and was able to take up a job in a printing company on 28 April 1986.
By decision of 22 April 1986, the unemployment insurance fund of the canton of Bern (Burgdorf-Emmental branch) suspended N.'s entitlement to unemployment benefits for 25 days from 1 April 1986, on the grounds that he had terminated his employment contract with the machine factory without having the guarantee of another job.
Considerations
According to Art. 30(3) UIA, the duration of the suspension of the right to benefits is determined solely on the basis of the degree of fault of the unemployed person, without taking into account the actual duration of unemployment. Indeed, the duration of unemployment is largely independent of the will of the unemployed person, especially if they are actively seeking employment.
Contrary to the opinion of the cantonal court, the duration of the suspension cannot be limited to the actual duration of unemployment.…