Facts
A., born in 1986, was employed as a buffet attendant at Hotel B. in X. under seasonal contracts since 2008. On August 9, 2018, she registered with the Regional Employment Center (RAV) for job placement as of October 15, 2018. As A. was pregnant with a due date of December 5, 2018, the RAV informed her that she would be exempt from the job search requirement for two months prior to the birth, i.e., from October 5, 2018.
On October 23, 2018, the RAV referred the matter to the Office for Industry, Trade and Labor (DIHA) to clarify A.'s employability. The DIHA, in a decision dated November 7, 2018, denied the insured's employability as of October 15, 2018, citing the low prospects of finding employment due to the short availability between the start of unemployment and the due date, as well as the subsequent 14 weeks of maternity leave.
A. appealed against this decision. The Cantonal Court of Valais granted the appeal in a decision dated May 20, 2019 and awarded the insured the unemployment benefits due to her for the period from October 15, 2018 to November 29, 2018.
The DIHA then filed an appeal in public law matters with the Federal Supreme Court, requesting the confirmation of the decision of January 30, 2019.
Considerations
The Federal Supreme Court dismissed the appeal and confirmed the decision of the Cantonal Court of Valais.
According to the case law of the Federal Supreme Court, the employability of a pregnant woman applying for permanent positions cannot be limited solely to the period until the due date. Pregnancy and childbirth cannot be considered as a specific commitment to a particular date that would fundamentally preclude employability. Rather, the possibilities after the due date and the…