Facts
Urban Stadlin was dismissed with immediate effect on 16 December 1982 from his position as commercial director at company X due to the company's liquidity difficulties. On 23 December 1982, he received a portion of his unpaid salary and signed a receipt for full and final settlement. On 24 February 1983, company X was declared bankrupt. Stadlin requested the payment of insolvency compensation, but his claim was rejected by the unemployment insurance fund on the grounds that this compensation only covers wage claims for work performed, and not claims related to immediate and unjustified dismissal. Stadlin contested this decision before the insurance court of the canton of Aargau, which ultimately granted him the insolvency compensation for the period from 17 December 1982 to 24 February 1983. The Federal Office for Industry, Arts and Crafts and Labour (BIGA) then appealed against this decision.Considerations
The Federal Insurance Court considers that Stadlin's claims related to his immediate and unjustified dismissal are not covered by the insolvency compensation, which only aims to replace wages for the period during which the worker was not available for placement. Unlike the insolvency compensation, which replaces the salary for the period during which the worker was not available for placement, Stadlin's claims concern a period where he was, like any other unemployed person, fully available for placement. He must therefore be treated as a worker available for placement who, after the…