Facts

This decision concerns an appeal by K. against the unemployment insurance fund of the canton of Zurich and the cantonal appeal commission for unemployment insurance of Zurich. The main factual elements are as follows:

  • The decision concerns the interpretation of Arts. 20(3), 38(1) and 47(1) UIA regarding the restoration of time limits for asserting a right to unemployment benefits, short-time work compensation or bad weather compensation.
  • According to case law, the declaration deadlines as well as the deadlines for asserting insurance benefits are preclusive deadlines, the non-observance of which results in the extinction of the right.
  • However, the law provides an exception for the declaration deadlines in the event of short-time work and bad weather, where a delay may be excused if there is a valid reason.
  • The question arises as to whether this principle of restoration of deadlines can also apply to the deadlines for asserting the right to insurance benefits, in particular when an insured person is prevented for health reasons from exercising their rights within the deadlines.

Considerations

The Federal Tribunal considers that, although the deadlines for asserting insurance benefits primarily serve to ensure the control of the cantonal authorities, the consequences of a delay are generally less serious than for the immediate declaration deadlines. Therefore, there is no objective reason to treat the deadlines for asserting insurance benefits more strictly than the declaration deadlines.

Consequently,…