SUMMARIES OF SELECTED STATEMENTS
The woman’s part-time occupation consisted in being a member of a music
group which offered church concerts and concerts for receptions, opening
ceremonies of exhibitions and other events. During the 2006 to 2011 period the
group had played a total of eleven concerts, of which the woman had participated in nine. In addition, she had taken part in other activities in relation to
the group to a very limited extent.
The Employment Committee of the National Social Appeals Board found that
the woman had not proved on a balance of probabilities that her work with the
music group could ‘at all times’ be carried out outside normal working hours,
which was a condition for her being deemed to be available for work and thus
entitled to (supplementary) unemployment benefit. The Employment Committee attached decisive importance to there being no delimitation of the activities
of the group (including the times at which the group was available for concerts)
and no (written) agreement on the division of work among its members.
Based on the information about the very limited activities of the music group
and the details of the organisation of these activities, the Ombudsman found
that the woman had proved on a balance of probabilities that her work with
the group could ‘at all times’ be carried out outside normal working hours. This
meant that she was available for work, and in the Ombudsman’s opinion she
was entitled to (supplementary) unemployment benefit. The Ombudsman gave
particular weight to information that the woman had never been under any
contractual obligation towards the group, that there was a clear (verbal) agreement between its members that in the event a member was prevented from
being present at a concert, another member (or a substitute) would step in, and
that the woman could leave the group at any time – without notice.
The Ombudsman therefore recommended that the Employment Committee of
the National Social Appeals Board reopen the case and make a new decision
on the woman’s entitlement to unemployment benefit and – in the light of that
decision – on the demand for repayment of unemployment benefit claimed by
the woman.
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