Facts
The unmarried [K.], born in 1977, was employed by L. AG from February 1999. She terminated this employment relationship at the end of November 2000 by giving notice in order to devote herself to the care of her daughter born on September 6, 2000. In October 2008, she separated from the child's father B., with whom she had previously lived in a concubinage for over ten years. On March 5, 2009, [K.] applied for unemployment compensation.
The Unia Unemployment Insurance Fund denied a claim for daily allowances from unemployment insurance on the grounds that [K.] had not fulfilled the contribution period and that there was no ground for exemption. The cantonal court overturned the objection decision and found that [K.] was exempt from fulfilling the contribution period. The Unemployment Insurance Fund then filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court adheres to the case law according to BGE 123 V 219, according to which the dissolution of a concubinage does not constitute a similar ground within the meaning of Art. 14 para. 2 AVIG. The reasoning is as follows:
Art. 14 para. 2 AVIG is primarily intended for cases in which the person who contributes to the family's maintenance through monetary payments, or the source of income, has suddenly ceased or disappeared. The termination of the marriage-like community is not subject to any material or formal restrictions; it can be dissolved informally at any time and does not establish a mutual duty of support or a maintenance claim for the time…