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Chapino’s closes, withdraws labor application for worker
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Posted on May 30 2005
Chapino’s Restaurant withdrew its employment application for a nonresident worker after the business closed last month.
According to a Department of Labor administrative order, the restaurant closed on April 11, 2005.
Records showed that Maria R. Maravilla, owner of the restaurant, filed a transfer application to employ Roberto A. Corgado on April 1, 2005.
Four days later, Maravilla submitted a letter to the director of the Division of Labor, requesting cancellation of the application due to the employer’s decision to close her business.
The Labor Department denied the application based on the cancellation letter. It was followed by an appeal requesting transfer relief for Corgado.
Labor hearing officer Jerry Cody granted the appellants’ request, giving Corgado 45 days to transfer to a new employer.
“The cancellation and subsequent denial of the application were not established to be the fault of the worker,” Cody said. “Appellant Corgado shall be granted transfer relief and given 45 days to secure a transfer employer who shall be required to file a complete transfer application within the same 45-day period.”
Cody said Corgado should be repatriated to his country of origin if he is unable to have a labor permit application filed on his behalf before the deadline.
“In that event, any refusal or failure by Mr. Corgado to depart from the CNMI shall result in his name being forwarded to the Office of the Attorney General for deportation proceedings,” Cody said.
