Jugement Kantonsgericht (VD - 2020/122)

Canton:	VD
Case number:	2020/122

Instance:	Kantonsgericht
Department:	Sozialversicherungsgericht

Kantonsgericht Entscheid 2020/122 vom 10.03.2020 (VD)

Date:	10.03.2020
Force of law:	-

Summary:	Summary of the judgment of the Court of Cassation of Social Insurance of 10 March 2020: An employee was dismissed by his employer. The employee applied for unemployment benefits at the unemployment insurance. The unemployment insurance rejected the application because the employee was no longer able to work. The employee went to the Court of Cassation, which overturned the verdict of unemployment Insurance. The employee is now entitled to unemployment benefits. More detailed summary: The employee A. K. was dismissed by his employer on May 28, 2018. He then applied for unemployment benefits at the unemployment insurance. The unemployment Insurance company rejected the application, as it considered that the employee was no longer able to work. The employee went to the Court of Cassation, which overturned the verdict of unemployment Insurance. The Court of Cassation came to the conclusion that the Unemployment Insurance Company had not sufficiently substantiated why it considered that the employee was no longer able to work. The unemployment insurance had only pointed out that the employee had not found a new job since the dismissal. However, this is not a sufficient reason to deny the employee's ability to work. The Court of Cassation therefore annulled the judgment of the Unemployment Insurance and referred the case back to the lower court. The lower court must now decide again on the employee's application for unemployment benefits. The employee now has a good chance that he will be granted unemployment benefits.
Rule of Law:	Art. 100 LTF;Art. 5 LAVS;Art. 56 LP;Art. 60 LP;Art. 82 PA;
BGE reference::	-
Comment:	Droese, Basler Kommentar ZGB I, Art. 450, 2018

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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