Facts
The Turkish national G., born in 1958, came to Switzerland with her family at the end of 1988, where she and her husband filed an asylum application. G. was employed part-time as a seamstress/checker at the X embroidery company from January 12, 1991 until the employment relationship was terminated for economic reasons on November 30, 1992. On December 3, 1992, G. registered to receive unemployment compensation.
The Public Unemployment Office of the Canton of Thurgau denied the entitlement to unemployment compensation due to lack of employability, as according to information from the cantonal Foreigners' Police, G. was not granted a work permit. The Appeals Commission of the Canton of Thurgau for Unemployment Insurance dismissed the appeal, as neither the Unemployment Office nor the Appeals Commission were competent to review the legality of the information provided by the Foreigners' Police.
Considerations
The Federal Supreme Court decided that in the context of assessing employability, the question of a foreigner's work authorization is a preliminary issue that can be independently assessed by the unemployment insurance authorities and the social insurance court, as long as the competent authority has not yet made a decision.
Since in the present case, neither the cantonal labor market authority had made a preliminary decision on the appellant's work authorization, nor had the cantonal…