Entitlement to unemployment benefits of an insured person who has been the victim of an accident and is capable of working at 75 percent

Facts

P. was the victim of an accident on 12 July 1995. His employer terminated the employment relationship as of 31 March 1996. Due to the consequences of the accident, the Swiss National Accident Insurance Fund (CNA) granted P. daily allowances. It discontinued their payment as of 26 September 1996, on the grounds that the insured person had then regained a work capacity of 75 percent. On the same day, P. registered with the unemployment insurance, which paid him benefits. Subsequently, the Unemployment Insurance Fund of the Swiss Federation of Metalworkers and Watchmakers (FTMH) demanded the reimbursement of an amount of CHF 10,664.65 from P., considering that he was only entitled to CHF 36,109.30 in unemployment benefits. P. appealed against this decision, which was partially upheld by the Vaud Cantonal Employment Service, reducing the amount to be reimbursed to CHF 8,095.70. The Administrative Court of the Canton of Vaud then dismissed P.'s appeal.

Considerations

According to the Federal Tribunal, employability cannot be divided, but must be assessed from the perspective of the loss of employment to be taken into account. In the present case, the unemployment insurance fund calculated the unemployment benefits based on a 75 percent employment that the insured person was supposed to be able to take up.

Article 28(4) UIA provides that unemployed persons with reduced work capacity are entitled to the full daily allowance if they are at least 75…