The Department of Labor ordered Misamis Construction (Saipan) Ltd., to pay Mauricio Y. Macario $3,402 in contractual damages.
Based on its investigation, Labor noted that Misamis failed to provide Macario work for 21 weeks.
Macario, in his complaint, asked Labor to award him back wages from the time he was not given work until his termination.
But Hearing Officer Jerry Cody said Macario failed to complain promptly about his case.
“Employee violated provisions of Public Law 15-108 mandating that employees should promptly report potential labor disputes to the department,” Cody said.
He said Macario failed to file his complaint for eight months after he was not given work.
Macario only reported the case after he was terminated.
In his administrative order dated June 24, Cody denied the complainant’s request for transfer relief.
He said Macario was terminated for good cause.
According to the records, Macario approached Barrie Ladd, Misamis operations manager in Sept. 2008, to apply as an electrician.
The employer agreed to hire Macario and filed and obtained approval of a conditional grant of transfer and an employment contract.
In Nov. 2008, Macario worked at an on-site project for Kimco Enterprises that ended in the same month.
After that project ended, Misamis did not have work for Macario for the remainder of 2008 and during the early part of 2009.
Macario said Misamis manager Imelda J. Casaje failed to provide him with work after the Kimco project.
But Casaje claimed that she made arrangement for several work assignments for Macario who, she added, failed to report to the office.
“Neither employee nor employer complained to the Department of Labor about this situation for seven or eight months,” Cody said.
Macario was terminated on July 15, 2009 after management was convinced he was working for another company.
Cody said Macario failed to prove by a preponderance of the evidence that his termination was wrongful.
He said the employer terminated Macario for failing to appear at the Misamis office when instructed by employer to do so.
The hearing officer referred the case of Macario to Labor’s enforcement section for proceedings to revoke his umbrella permit.
