Decision on Suspension of Entitlement due to Insufficient Job Search Efforts Prior to Unemployment

Facts

[W.], born in 1956, worked as a public guardian at the Guardianship Authority X since 1 January 2010. On 25 November 2011, the parties terminated the employment relationship by mutual agreement effective 29 February 2012. On 27 February 2012, [W.] registered with the Employment Service (RAV) and applied for unemployment benefits. By decision of 9 May 2012, the Regional Employment Office (RAV) suspended W.'s entitlement to benefits for a period of three days due to insufficient personal job search efforts in the time prior to becoming unemployed as of 1 March 2012. The Cantonal Employment Office of Appenzell Ausserrhoden confirmed this in an objection decision of 8 June 2012. [W.] filed a complaint against the objection decision, which was upheld by the High Court of Appenzell Ausserrhoden. The Employment Office then filed a complaint with the Federal Supreme Court, requesting that the High Court's decision be overturned and the objection decision of 8 June 2012 be confirmed.

Considerations

The Federal Supreme Court states that the insured person claiming insurance benefits is obliged, pursuant to Art. 17(1) UIA, to undertake everything reasonable with the support of the competent Employment Office to avoid or shorten unemployment. This includes in particular the duty to search for work, if necessary also outside the previous occupation. This duty to mitigate damages exists from the time of termination of the previous employment relationship.

However, qualified professionals in a terminated position must be granted the right to initially limit their personal efforts to their previous occupation, provided that it offers open positions. With longer…