Unemployment Benefit Entitlement During Post-Termination Salary Continuation

An individual challenged a decision by the unemployment insurance office regarding the calculation of their benefit entitlement following the termination of their employment contract due to a short-term illness resulting in a period of non-receipt of salary. The court reasoned that since the insured person received salary continuation payments for the duration of the notice period, despite being medically unfit to work, they were not unemployed and therefore not entitled to unemployment insurance benefits during that time, as the right to benefits only arises upon the cessation of the employment relationship and the lack of income replacement.