John-John H. Cruz was granted a transfer relief but he failed to file the required documents within the specified transfer period.
The labor case that Cruz filed against his employer Ramon Sablan was also dismissed since the complainant indicated that he was willing to dismiss it if granted a transfer relief.
Hearing Officer Jerry Cody said the case was dismissed with prejudice as there was no wage claim filed, and the sole relief requested was already granted during the mediation.
“The parties agreed on the date of hearing that the case should be dismissed,” he said.
On Sept. 20, 2007, Cruz testified against Sablan who was engaged in illegal sponsorship and the submission of false documents.
Cody said the hearing office stated that “Cruz testified that he paid $300 to a stranger named Ellen for an introduction to Sablan. Cruz knew that he was beyond his 45-day transfer period when he signed the contract.”
Before he testified, Cruz was able to acquire a conditional grant of transfer and worked as a farmer in June and July 2007 with Sablan.
However, in Aug. 2007, Cruz was told by Sablan’s brother to stop farming.
From then on, Sablan never again provided any work to him.
Cody said Cruz filed the labor complaint more than a year after the conditional grant of transfer was approved and 11 months after the complainant was told to stop working.
Cruz has alleged, in his complaint, that his employer breached the contract by abandoning him.
However, his letter did not ask for wages but simply requested permission to transfer to a new employer.
On July 29, 2008, Cruz’s labor case was heard but he failed to provide credible explanation or excuse as to why he had waited so many months before filing his labor claim against his employer, Cody said.
In the months since the deadline of the transfer relief passed, Cruz made no attempt to obtain any extension of the transfer period, Cody added.
Sablan was ordered to deliver a repatriation airline ticket to the hearing office for the use and benefit of Cruz within 10 days upon issuance of the order. The ticket should provide for travel within the next 30 days.
Cody said Cruz’s employment was bonded by Oceania Insurance Corp., and the company may be held liable for providing the repatriation ticket if Sablan fails to deliver it.
