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Slow business causes deficient transfer application
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Posted on Feb 12 2006
A downturn in business has led to a food catering company in filing a deficient transfer application to employ a nonresident worker.
Labor Administrative Hearing Officer Jerry Cody affirmed the decision of the Labor director to deny the permit renewal application filed by Brigida B. Solomon for Grace L. Orcajo.
Solomon owns the Jeanine Catering and Jeanine Barbecue Stand located in San Antonio.
Cody found that Orcajo was not the cause of the denial of the application and that Labor does not oppose her request for transfer.
Cody granted the worker until March 26, 2006 to find a transfer employer.
In the event that Orcajo is unable to file the necessary application within the 45-day period, the worker shall be repatriated to the Philippines at the expense of her last employer of record.
Labor records show that on Sept. 15, 2005, Solomon filed a timely transfer application to hire Orcajo as an assistant cook at her catering and barbecue business.
On the day the application was filed, Labor issued a deficiency notice, citing that a job vacancy announcement was missing. Solomon did not submit documents to correct the deficiency.
On Jan. 12, 2006, Labor denied the application for failure to correct the deficiency.
Solomon and Orcajo appealed.
At the hearing, Solom testified that she never submitted a job vacancy announcement for certification due to a downturn in her business in late 2005. As a result of her poor financial situation, the employer said she no longer wishes to hire Orcajo.
Orcajo requested to transfer to another employer. Labor did not object. (Ferdie de la Torre)
