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DOL reverses decision on permit applications
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Posted on Jul 17 2005
A Department of Labor hearing officer has reversed a decision by the Division of Labor to deny two deficient permit applications submitted by an employer.
Hearing officer Maya B. Kara instructed the Labor Division to resume processing of the applications filed by Taotao Marianas on behalf of Moises T. Ayco and Domingo M. Oliverio. No sanctions were imposed against the employer.
Records show that Taotao Marianas, through processing agent Victor Brana, filed work permit renewals for Ayco on Nov. 19, 2004 and for Oliverio on Feb. 22, 2005.
Both applications were denied based on failure to comply with requirements such as a certified job vacancy announcement, health certificate, and police clearance.
Taotao Marianas appealed the denial.
At the hearing of the appeal, Manuel Alvarez explained that he was temporarily managing his brother Ray Alvarez’s jet ski business due to the latter’s serious illness and subsequent off-island treatment. He said he was not immediately aware of the several deficiencies in pending employee applications.
However, at the hearing, Alvarez presented proof that al the deficiencies had been cured.
“Based on the evidence, I find that all deficiencies have been corrected and both employees are legally employed, Mr. Oliverio on a renewal and Mr. Ayco on a conditional grant. In such an instance, there is no public policy that would dictate disturbing an existing, stable employer-employee relationship,” Kara said.
“In light of the strong extenuating circumstances, employer’s delay in timely curing the deficiencies should be excused and no further sanctions imposed,” she added.
