Labor allows processing of work permit, but fines employer

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Posted on Dec 25 2005
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The Department of Labor reversed an earlier decision by the Labor decision denying an application for a nonresident worker’s permit due to deficient submission of required documents, saying that the employer’s agent failed to relay the information upon receiving a notice about the deficiency.

However, Labor hearing officer Herbert D. Soll sanctioned Crisanto M. Olivos $100, directing that employer to pay the amount to the CNMI Treasury before any action on the application could be taken.

Olivos has applied for a nonresident worker’s certificate on behalf of Dante M. Olivos. Following the Labor Division’s denial of the application, the Olivoses appealed the decision before the department.

In an administrative order issued earlier this month, Soll noted that the division sent a deficiency notice to the employer’s agent. However, the agent reportedly failed to inform the employer of the deficiency.

“The present agent requested information from Labor several times during the processing period of the application. Each time, she was told that the computer did not reveal any deficiencies,” noted Soll. “The department representative, Mr. [Jeff] Camacho, explained how that omission could have happened.”

Soll ruled, though, that the employer should bear the responsibility for the agent’s omission when the latter did not inform the former about the deficiency notice. (John Ravelo)

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