Denial of the right to short-time work compensation for workers who have reached the AHV retirement age

Facts

In this case, the Public Unemployment Insurance Fund of the Canton of Thurgau refused to pay short-time work compensation to company S. AG for Mr. Kurt Elmer, born on March 5, 1919, as of May 1, 1984. The Fund justified its decision by the fact that Mr. Elmer was no longer subject to the obligation to contribute to unemployment insurance since he had reached the age entitling him to an AHV pension. Mr. Elmer appealed against this decision, but the Unemployment Insurance Appeals Commission of the Canton of Thurgau dismissed his request while acknowledging his standing to appeal. Mr. Elmer then filed an administrative law appeal with the Federal Insurance Court.

Considerations

The Federal Insurance Court considered that Mr. Elmer was indeed entitled to appeal, as a decision refusing short-time work compensation affects his interests worthy of protection as the worker concerned. However, on the merits, the Court dismissed the appeal. Indeed, according to Art. 31(1)(a) UIA, the right to short-time work compensation is subject to the…