Facts
The Cantonal Office for Industry, Commerce and Labor St. Gallen (KIGA) issued two decisions, by which it suspended the insured person B. from entitlement to unemployment benefits for a total of 65 days due to disregard of instructions. B. contested these decisions by appeal, whereupon the Insurance Court of the Canton of St. Gallen granted the request for suspensive effect of the appeals and instructed KIGA to pay the unpaid daily allowances for the time being.
KIGA then filed an administrative court appeal with the request to revoke the order to pay the daily allowances. The State Secretariat for Economic Affairs supported KIGA's legal claim.
Considerations
The Federal Insurance Court states that termination decisions in unemployment insurance are generally subject to the suspensive effect, as these are not negative decisions where the question of suspensive effect cannot be raised from the outset.
However, the court must consider that according to Art. 30 para. 3 sentence 4 AVIG, the suspension of entitlement must be deleted within six months of the start of the suspension period. This regulation means that the ordered suspension days could hardly be deleted within this deadline in the event of a court challenge. Therefore, the granting of the suspensive effect for the appeal against a…