Facts
The complainant, [A.] , had registered for unemployment benefits on July 24, 2012. The unemployment fund syndicom rejected the claim due to non-fulfillment of the contribution period and the minimum limit of insured earnings. The complainant filed a complaint with the Social Insurance Court of the Canton of Basel-Stadt, which stayed the proceedings until the labor law arbitration proceedings before the Bühnenschiedskommission Basel-Stadt were finally concluded.
The complainant filed a supervisory complaint/delay complaint with the Appellationsgericht Basel-Stadt and requested the lifting of the stay of the unemployment insurance proceedings and its continuation. The Appellationsgericht initiated an exchange of views with the FSCA regarding the question of jurisdiction.
The FSCA declared itself competent and took up the case. The complainant had the opportunity to inspect the court files and took a position again.
Considerations
The FSCA examined its jurisdiction ex officio and with free cognition. It found that the supervisory complaint/delay complaint against the stay decision of the Social Insurance Court fell within the functional jurisdiction of the FSCA.
The court assessed whether the stay of the proceedings by the Social Insurance Court was permissible. It found that the stay was justified due to the pending labor law arbitration proceedings before the Bühnenschiedskommission Basel-Stadt.
The FSCA pointed out that Art. 29 para. 1 UIA represents a special rule at the interface between the end of the employment relationship and the onset of unemployment. It guarantees the unemployed insured person in this transition phase, for social reasons, the necessary earnings replacement for their livelihood and relieves them of the cost and…