SUMMARIES OF SELECTED CASES
ment in his business must be considered to have ceased more than temporarily.
The Employment Committee emphasised that until that date, the man had in
effect been able to carry out work himself, as the dentistry equipment, which
must be considered to be essential work equipment, was still in his possession.
The dentistry equipment was sold in February 2009 but was not dismantled and
collected by the buyer until 28 April 2009.
In the Ombudsman’s opinion, an interpretation whereby solely the actual possibility of carrying out work decided whether or not an individual could be considered to have ceased personal work involvement more than temporarily was
not in accordance with the provision in section 74 c(1) of the Unemployment
Insurance Act, including the provision’s text, purpose and explanatory notes.
The Ombudsman was of the opinion that all the available facts of the case must
be specifically assessed. On this basis, it had to be assessed whether the man
had not only discontinued his business but had also had a sufficient intention to
cease his personal work involvement.
It was the Ombudsman’s overall opinion that the Employment Committee of
the National Social Appeals Board had not carried out a sufficiently specific
assessment of the available case facts, which, prima facie, seemed to indicate
with considerable certainty that the man’s personal work involvement had
ceased on 16 January 2009. The Ombudsman recommended that the Employment Committee reopen the case.
2013-7. Guidance on the possibilities of reopening
industrial injury cases pursuant to both statutory
and non-statutory rules
The Ombudsman opened an own-initiative case concerning the guidance given
by the industrial injuries authorities on the possibilities of reopening industrial
injury cases. The reason was that the Ombudsman had become aware − while
processing a specific case − that the guidance given by the industrial injuries
authorities was not true and fair.
In the Ombudsman’s opinion, guidance on the possibilities of reopening a case
(as with guidance on any appeal options) is intended to ensure that the citizen
receives the information he or she needs in order to safeguard his or her own
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