Facts

The insured person was employed by company G. from June 21, 1982 to November 30, 1983. Unemployed, they had their unemployment registered from January 19, 1984 to December 31, 1984 and submitted a claim for unemployment benefits to the Geneva Cantonal Unemployment Insurance Fund (the Fund), which granted it until the end of June 1984. As the insured person did not claim the benefit in the following months, it was no longer paid to them. On December 4, 1984, the insured person, represented by Mr. A., requested the Fund to pay the benefit due from July 1984, claiming to have "regularly" submitted their stamped control cards. The Fund responded that it had not received any control cards since June 1984. On June 7, 1985, Mr. A. informed the Fund that he had obtained the control cards for the months of July to December 1984 from his client and again claimed the payment of the benefit for the corresponding period. However, the Fund refused to grant the benefit, on the grounds that the insured person had not asserted their rights within the three-month period provided for in Art. 20(3) UIA.

Considerations

According to Art. 20(3) UIA, the right to unemployment benefit expires if it is not exercised within three months following the end of the control period to which it relates. This deadline is peremptory and cannot be suspended, interrupted or restituted, except in exceptional cases.

In the present case, the insured person did not submit their control cards to the Fund within the three-month period, as required by Art. 29(3) UIO. The letter from their lawyer dated December 4, 1984, which contained no supporting documents,…