Facts
G., born in 1958, was employed as a cross-border commuter at X. AG since October 1, 2002, while maintaining her place of residence in the Principality of Liechtenstein. On April 29, 2003, the employer terminated the position effective the end of May 2003 and informed the insured that she was released from work immediately. G. applied for insolvency compensation on August 13, 2003. The Cantonal Unemployment Insurance Office of St. Gallen rejected the claim for the period from May 1, 2003 onwards, as G. had been fully released from work and could be available for job placement. The Insurance Court of the Canton of St. Gallen dismissed the appeal. G. then requested that the Unemployment Insurance Office be obliged to pay her insolvency compensation for May 2003.Considerations
The Federal Supreme Court confirmed the rejection of the claim for insolvency compensation. According to the case law, insolvency compensation is tied to the actual performance of work. Since G. was fully and unconditionally released from work as of April 30, 2003, she could be available for job placement and comply with the control regulations. Therefore, there was no entitlement to insolvency compensation, but possibly to unemployment compensation.
Nor can a claim to insolvency compensation be derived from the EFTA Convention and the Agreement between Switzerland and…