Facts
François Wirthner was dismissed with immediate effect by his employer for just cause. The Geneva cantonal unemployment insurance fund suspended his entitlement to benefits for 48 days on the grounds that he was responsible for his unemployment. Wirthner appealed this decision to the Geneva Cantonal Commission for Appeals in Unemployment Insurance Matters. At the same time, he filed an action against his employer before the labour courts. The cantonal commission then suspended the examination of his appeal until the other proceedings were completed. In 1983, the parties concluded an agreement settling the dispute with the employer. The cantonal commission then invited Wirthner to confirm whether he was maintaining his appeal, threatening to consider it as withdrawn in case of silence. As Wirthner did not respond, the commission declared the unemployment insurance decision final. Wirthner then appealed to the Federal Insurance Court.Considerations
The Federal Insurance Court considers that the appeal cannot be tacitly withdrawn by Wirthner's silence in the face of the letter from the cantonal commission. The filing of the appeal was a sufficient condition for the authority to rule on the dispute, without it being necessary for the appellant to subsequently confirm his intention to appeal. The cantonal commission could…