Decision on the Delegation of Competence to Regional Employment Offices

Facts

The dispute concerns the competence of the regional employment office (ORP) to issue the decision of 30 October 2002 refusing unemployment benefits to D. from 2 October 2002. The Cantonal Court of Basel-Landschaft annulled this decision due to lack of competence of the ORP. The Cantonal Office of Industry, Commerce and Labour of Basel-Landschaft (KIGA) appealed against this decision, requesting that the ORP be declared competent to make this decision.

Considerations

The delegation of certain tasks falling under cantonal authority to the ORPs, such as the verification of the employability of the unemployed (Art. 15 UIA) or the deprivation of the right to benefits (Art. 30a UIA), must be carried out by a formal act promulgated in accordance with the cantonal regulations on publication. A delegation of competence based solely on internal administrative instructions is not sufficient. In the present…