Facts

Parties:

  • [A.] , represented by attorney Tobias Figi, appellant or respondent
  • Unemployment Insurance Fund of the Canton of Zurich, respondent or appellant

Facts:

  • [A.] was employed by [B. AG] until its bankruptcy was opened. Subsequently, he worked at [C. AG] , where he terminated the employment relationship without notice due to outstanding wage payments.
  • He registered with the Regional Employment Center (AOO) and claimed unemployment benefits.
  • The unemployment insurance fund initially set the insured earnings at CHF 928.-, later at CHF 1,466.-.
  • The Social Insurance Court of the Canton of Zurich increased the insured earnings to CHF 1,542.-.
  • [A.] and the unemployment insurance fund each filed an appeal against this decision.

Issue in dispute:

  • The amount of insured earnings and the calculation of the assessment period.

Considerations

The appeals of the insured (8C_89/2019) and the unemployment insurance fund (8C_90/2019) were combined due to the same facts and legal questions. The Federal Supreme Court examines the appeals for violations of law pursuant to Art. 95 and 96 FSCA and applies the law ex officio.

The previous instance set the insured earnings at CHF 1,542.-, with the insured claiming a higher amount and the unemployment insurance fund claiming a lower amount. The Federal Supreme Court confirmed the setting of the previous instance, as it was not arbitrary or obviously incorrect. The previous instance considered the actual payments made and not the contractually agreed wages to exclude the risk of abuse.

The insured argued that the assessment period should be determined pursuant to Art. 37 para.…