Kernrechtsfrage
Whether the insured person's late arrival and failed counseling appointment justified a suspension of unemployment benefits under Art. 30 al. 1 let. d LACI.
Extrahierter Entscheid
No suspension was justified because the insured person had telephoned to warn of her delay, and the lapse was comparable to an excused missed appointment with a spontaneous apology; no sanction could be imposed for this isolated incident.
Extrahierte Begründung
The court applied its case law that a spontaneous excuse and serious compliance with unemployment obligations can exclude suspension. The claimant's conduct was not to be assessed more severely than an insured who simply forgets an appointment and apologizes promptly. A prior lapse older than one year could not be relied upon, and a new allegation about January 2009 job-search deficiencies was inadmissible as new fact.