Question juridique clé
Whether the unexcused missed counseling/control appointment of 23 February 2011 justified a suspension of unemployment benefits.
Solution extraite
Yes. Because the insured person had already missed two appointments unexcused within the preceding year, the challenged suspension was warranted.
Motifs extraits
The cantonal court relied on an incomplete factual basis. The record showed two earlier unexcused failures to attend appointments, so the insured person had not complied faultlessly during the relevant twelve-month period. Under the case law on Art. 30(1)(d) AVIG, the exception for a first, excusable lapse after twelve months of proper compliance did not apply.