Questione giuridica chiave
Whether the unemployment fund could reclaim benefits paid for November and December 2004 as overpaid due to an allegedly only 60% available claimant.
Decisione estratta
The refund order lacked a valid basis; the earlier benefit payments could not be corrected retrospectively on the grounds invoked by the fund.
Motivazione estratta
Either the claimant remained fully available, in which case the original 100% payments were not incorrect, or he was only partly available, in which case the unemployment insurance had a duty to advise him properly and could not later rely on a refund claim. In both scenarios, the prerequisites for reconsideration or procedural revision were absent.