Facts
The case concerns a dispute between an unemployed person and the cantonal unemployment insurance fund of St-Gall, regarding the start of the reference period applicable to the compensation period. The unemployed person applied for unemployment benefits and the fund fixed the start of the reference period. The unemployed person contested this decision, arguing that the reference period should be shifted due to special circumstances.
The parties involved are the unemployed person, the cantonal unemployment insurance fund of St-Gall, and the social insurance court of the canton of St-Gall. The decision was rendered on 9 October 2001.
Considerations
The Federal Court examined the applicable legal provisions, in particular Articles 8, 9, 14, and 15 of the Federal Act on Unemployment Insurance (UIA) and Articles 15 and 29 of the Ordinance on Unemployment Insurance (UIO). The Court considered that the start of the reference period applicable to the compensation period remains fixed once and for all, unless special circumstances, such as reconsideration or procedural review, justify a shift of this period.
The Court also examined the validity of directive MT/AC 98/4, sheet 4, which stipulates that reference periods can no longer be shifted after the first payment of daily benefits. The Court considered that this directive is contrary to the…