Labor application OK’d but not without a fine

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Posted on Sep 18 2005
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The Department of Labor allowed the processing of an employment application despite its late filing, but imposed a fine on the employer for filing the documents 36 days late.

Labor hearing officer Maya B. Kara reversed an earlier decision by Labor director Dean Tenorio to deny YCO Corp.’s employment application for one Kathy Miranda Camoral.

But Kara imposed a $180 fine on YCO, which operates the Naked Fish Bar & Grill restaurant on Beach Road.

In an administrative order, Kara noted that Camoral’s work permit as a cook for Naked Fish expired on April 28 this year. The company, however, filed the application with Labor Department on June 3, 36 days late or six days beyond the grace period allowed by regulation.

The department denied the employment application on July 26, prompting the company and Camoral to appeal the decision.

After hearing the case, Kara noted that the late filing resulted from the employee’s earlier decision to return to the Philippines. Due to family problems, though, Camoral returned to the CNMI in May and asked for her job back. The company proceeded with the application but failed to beat the filing deadline.

Kara said the company and the worker expressed satisfaction with their employment relationship and wished to continue. With the department raising no objection, Kara reversed an earlier decision by the Labor director and allowed the application’s processing to proceed. (John Ravelo)

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