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Labor reverses denial order
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Posted on Sep 02 2005
The Department of Labor Hearing Office has reversed its previous decision denying the permit renewal application of a nonresident worker.
Hearing officer Maya B. Kara instructed the Division of Labor to resume processing the application filed by Mac US International to employ Conrado M. Millena.
The application had been denied because it was filed late. The Feb. 15, 2005 order also required that the employee depart the Commonwealth within 20 days.
The employer and employee appealed the decision to Labor Secretary Joaquin Tenorio, who in turn remanded the matter to the Hearing Office.
A hearing was conducted to find out whether the late filing was solely the fault of Mac US International, or if Millena shares the blame for the delay. It was learned that neither Mac US International nor Millena was at fault for the untimely filing.
“They sought in good faith to execute a consensual transfer. Former employer, who sought to release employee, failed to cooperate. The department then advised employer and employee to wait until contract expiration and submit a new application. In reasonable reliance on the department’s recommendation, petitioner/appellants filed the application within the 45-day period allowed for expiration transfer. Accordingly, the 45-day transfer period should properly apply to the filing at issue and the application should be deemed timely filed,” Kara summarized the findings.
Accordingly, she said that the previous decision should be reversed and the application should be processed. (Agnes E. Donato)
