Labor fines hotel

The Department of Labor has sanctioned Pacific Islands Club for failing to correct deficiencies with an employment application for six months and failing to appeal the denial of that application for the same period.

Labor hearing officer Jerry Cody ordered Interpacific Resort Corp., which operates PIC, to pay $250 on or before July 5. Cody said additional sanctions would be ordered against the company if it fails to pay the fine on time.

Records show that on Sept. 21, 2004, PIC filed a transfer application to employ Manolito P. Huevos as a cook. On the same day, the Division of Labor issued a deficiency notice giving PIC 10 days to submit the missing documents in the application: a certified job vacancy announcement and the worker’s health certificate.

However, PIC failed to correct the deficiencies in the two months following the deficiency notice. This prompted the labor division to deny the application.

PIC failed to appeal the Nov. 18, 2004 denial until May 27, 2005, or six months later.

Cody reported that, at the hearing, the PIC representative testified that the delay was caused by an administrative “oversight” on the company’s part and was not the fault of the worker.

It was also learned that the delay was caused mainly by the JVA deficiency.

Cody related that PIC had initially obtained a JVA for Huevos’ application. However, the company was required to re-advertise the position because it increased the worker’s salary, making it different than the advertised wage, while the application was being processed.

PIC did not obtain the certified JVA until March 2005, six months after the deficiency notice was issued.

In March or April 2005, Huevos received a job offer from the general manager of Coco Restaurant in Garapan. The worker is requesting permission to transfer to a new employer.

“The employer provided a plausible explanation for its failure to submit a certified JVA for this worker in a timely manner and the employer has now complied with the JVA requirement. On the other hand, the employer was grossly negligent in failing to appeal this denial for many months. As the employee is now requesting a transfer, it is appropriate to affirm the denial of this application,” Cody said. (Agnes E. Donato)