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Employer fined for late filing of application
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Posted on Sep 25 2005
The Department of Labor has allowed the processing of an employment application that was filed 10 days late beyond the guest worker’s 45-day transfer period, but not without imposing a monetary fine on the employer.
Labor hearing officer Maya B. Kara said the late filing was not the fault of worker Rodil Sena Loto.
She said the employer, Islands Cruise Line SPN, Inc., admitted negligence in causing the late filing of the employment documents, sanctioning the company with a $200-fine. Kara cautioned the employer not to file late employment applications in the future.
Kara reversed an earlier decision by the Labor director, which denied the employment application. Both the company and Loto appealed the decision.
In an administrative order, Kara noted that Loto’s employment with Tinian Shipping expired on March 23, 2005. The worker’s 45-day transfer period to look for another employer expired on May 7, 2005. Islands Cruise submitted to the Labor Department employment application on behalf of Loto on May 17, 2005.
Kara determined during a hearing, though, that the company and Loto made good faith efforts to file the application in a timely manner. She noted that the employer’s bond was purchased on May 9; the employment contract was signed the following day; the job vacancy announcement was certified on May 16 and filed the next day.
The Labor Department conditionally granted the pending application on May 20, 2005 and Loto has been working for Islands Cruise since then.
Kara said there were several letters wherein the employer acknowledged responsibility for the late filing. “Employer acknowledged being entirely at fault and affirmed that he wished to continue to employ employee.” (John Ravelo)
