Question juridique clé
Whether the appellant was entitled to insolvency compensation despite delaying enforcement of his wage claims.
Solution extraite
No entitlement, because he failed to take timely measures to enforce his salary claims and thus breached the duty to mitigate damage under unemployment insurance law.
Motifs extraits
The Court held that a refusal of benefits for breach of the duty to mitigate requires intentional misconduct or gross negligence. Waiting about one year after the last wage payment before initiating decisive enforcement action amounted to gross negligence on the facts, and the appellant admitted he had waited too long.