Revision of Decisions by the Cantonal Appeal Authority Based on Newly Discovered Facts or Evidence

Facts

This judgment addressed the question of whether decisions by the cantonal appeal authority in unemployment insurance are subject to revision based on newly discovered facts or evidence. The plaintiff, Ms. Tschopp, had filed an appeal against a decision by the State Unemployment Office Basel-City and the Arbitration Commission for Unemployment Insurance of the Canton of Basel-City. The Federal Supreme Court had to assess whether the Arbitration Commission had rightly allowed a revision of the decision based on newly discovered facts or evidence.

Considerations

The Federal Supreme Court stated that while the Unemployment Insurance Act does not contain a provision corresponding to Art. 85 para. 2 lit. h OASIA on the revision of appeal decisions, the Federal Supreme Court has consistently recognized that the principle of revisional reconsideration of administrative decisions based on newly discovered facts or evidence also applies to decisions by the cantonal appeal authorities in unemployment insurance. The Arbitration Commission had rightly applied this federal law principle.

However, the deadline for filing the revision request is a matter of cantonal law. The Federal Supreme Court merely examines whether the Arbitration…