Question juridique clé
Whether the refund order for overpaid unemployment benefits of CHF 5,539.60 was correct despite the insured person's claimed direct donations and loss of earnings.
Solution extraite
The cantonal judgment was based on an incorrect assessment of the evidence; the direct donations of CHF 17,150 were sufficiently proven, and the case had to be reassessed as to the relevant intermediary income.
Motifs extraits
The court held that the written donation lists, account statements, and payroll documents substantiated the donations. There were no indications of additional income beyond CHF 17,150 or of a lack of earnings loss. The cantonal court violated the rules on burden of proof and free assessment of evidence by requiring proof of a negative fact from the insured person without considering the cooperative duty of the opposing party.