Labor orders deportation of woman

The Department of Labor has ordered the deportation of a nonresident mother who was not able to find a new employer despite being given several opportunities to do so.

Initially, Delma L. Orola claimed that she had to take care of her newborn baby. But Labor hearing officer Jerry Cody said that Orola failed to find work not only under a 45-day transfer relief, but also under three Labor Division memoranda each authorizing her to seek employment for 30 days.

In an administrative order issued last Oct. 7, Cody said Orola no longer has valid immigration status to remain in the CNMI, directing the worker to leave the Commonwealth within 30 days. Cody ordered Labor director Dean Tenorio to arrange for a repatriation ticket, on behalf of Orola, with her last employer of record, Joseph W. Jones, owner of Joe’s Fish Market.

In his order, Cody noted that Orola worked for the fish company in 2003. In 2004, Orola’s employer filed with the Labor Division an employment renewal application on her behalf, which the company later attempted to cancel. The division denied the renewal application.

The parties, however, appealed the denial and the Labor department consequently issued an order on Aug. 18, 2004, which granted Orola and her co-worker brother 45 days to transfer to a new employer.

While the brother found a new employer, Orola failed to do so until the transfer period expired on Oct. 2, 2004. She delivered her baby eight days later.

Cody noted, however, that Orola sought the Federal Ombudsman’s help in filing a claim with the Equal Employment Opportunity Commission in late September 2004. But he said Orola charged Joe’s Fish Mart with discrimination only on Oct. 19 that year.

“In the months following the birth of her baby, Ms. Orola made no effort to find work because she was taking care of the baby,” Cody said, citing the worker’s testimony. “Although the Division of Labor issued several memoranda to enable Orola to seek work, Orola admitted that she made no effort to find work.”

Cody said the memoranda were issued on Jan. 14, March 2 and April 4 in 2005, with each valid for 30 days.

The EEOC reportedly dismissed Orola’s complaint on June 30, 2005. Cody said Orola failed to pursue litigation, notwithstanding the EEOC finding within the 90-day period following the dismissal of the complaint.