Facts
The dispute was between the Geneva Cantonal Unemployment Insurance Fund and the insured person Severi, and the Geneva Cantonal Unemployment Insurance Appeal Commission. The insured person Severi had filed an appeal out of time with the Cantonal Appeal Commission, after having been the victim of an accident in Italy on the same day that the decision of the Unemployment Insurance Service rejecting his appeal had been notified to him. The Cantonal Fund contested the admissibility of this late appeal.
Considerations
The case law accepts that the restoration of the appeal period is a general principle of law, applicable by analogy in the field of unemployment insurance under Art. 35 FJA and Art. 24 OASIA. An accident or illness may, depending on the circumstances, constitute a legitimate reason for restoring the time limit.
In this case, the Federal Tribunal considered that the insured person Severi, having fractured his kneecap during his stay in Italy and having had to extend his stay abroad, had legitimately been able to benefit from the restoration of the appeal…