Trunk Bay St. John US Flag Estate Whim, St. Croix Virgin Islands Flag Charlotte Amalie Harbor, St. Thomas
Virgin Islands Government seal

Department of Labor

Hearings and Appeals

About Us...



WHAT WE DO

Under the mandate found in Title 24 of the Virgin Islands Code, administrative review is provided to parties who are aggrieved and file a complaint with the Virgin Islands Department of Labor seeking an administrative hearing. Our goal is to provide the customer with an avenue to resolve disputes at the work place without the added stress and cost of going to court.

THE MISSION OF THE HEARINGS AND APPEALS UNIT IS TO PROVIDE A FAIR, BALANCED AND EFFICIENT FORUM FOR THE TIMELY ADJUDICATION OF STATUTORY DISPUTES INVOLVING MATTERS RELATED TO WRONGFUL DISCHARGE, UNEMPLOYMENT INSURANCE, EMPLOYMENT DISCRIMINATION, and WORKERS' COMPENSATION APPEALS.

Currently cases are referred to the Unit from the Division of Labor Relations and the Division of Unemployment Insurance.

WRONGFUL DISCHARGE
COMPLAINTS
 
EMPLOYMENT DISCRIMINATION CHARGES
Wrongful Discharge complaints must be filed with the Division of Labor Relations within 30 days of the date of the Complainants' termination.  

Charges of employment discrimination:
LOCAL: Filed 180 days of the alleged incident.
FEDERAL: Filed 300 days at the EEOC offices.


UNEMPLOYMENT INSURANCE APPEALS

The Adjudicator's decision in an Unemployment Insurance appeal must be appealed within 10 days. The Hearings & Appeals Unit will schedule a formal hearing within ten (10) days and will attempt to render a decision within 30 days of the appeal, or shortly thereafter. After an adjudicator renders a determination regarding eligibility, depending upon who prevails, the aggrieved employer/employee may file an appeal based upon the NON-MONETARY DETERMINATION, to the Hearings & Appeals Unit. The Hearings & Appeals FINAL ORDER is separate & independent from the adjudicator's determination.


HOW HEARINGS ARE SCHEDULED

A certified notice is sent to the parties advising them of their hearing date with an explanation of their rights. Wrongful Discharge cases, and Mediations/Preliminary Hearings are scheduled based on the chronological order of its filing. If the case is not resolved at this stage, the Unit will then schedule a Formal Hearing. Formal hearings are also scheduled based on the chronological order of the date that the complaint was originally filed. A detailed review of the Hearings & Appeals Service Process can be viewed here.


THE MEDIATION PROCESS

The mediation process takes place on an informal and confidential basis. It is a fair and efficient process between parties to resolve disputes and reach an amicable resolution. The Mediator shall have the authority to propose alternative settlement options including-but not limited to-reinstatement of the Complainant with partial or no back pay or back pay without reinstatement.


THE HEARINGS & APPEALS PROCESS

The Unit conducts two levels of administrative hearings under the Wrongful Discharge proceedings: a Preliminary hearing and a Formal hearing. The first level is a process to determine whether the Department has jurisdiction over the matter, whether a meritorious case exists, and, if so, if the possibility of settlement can be discussed.

If based upon the alleged facts a disputable claim exists, and the parties cannot come to an amicable agreement at the preliminary hearing, the Unit will then schedule the case for a formal hearing.

All formal hearings must adhere to, and follow, the basic principles and procedures of Due Process. The appropriate parties must be served with notice of the hearing, and are entitled to be represented by counsel.

The remedies available to a Complainant who prevails in their Wrongful Discharge case are Reinstatement and Restitution (back-pay). If a Complainant does not prevail or fails to appear at the hearing on their noticed hearing date, their case can be Dismissed with Prejudice. If the Employer fails to appear, a Default Judgment may be entered.

If a party disagrees with the decision, he/she can through each divisions rules and regulations:

However, please check with each appropriate division to ascertain its rules, regulations and procedures.

For more information, the Hearings & Appeals Unit is located at the following addresses:
3012 VITRACO MALL ESTATE GOLDEN ROCK CHRISTIANSTED, and
53A, 54A&B KRONPRINDSENS GADE CHARLOTTE AMALIE, VIRGIN ISLANDS.


© Copyright 2003 U.S.V.I. Government    Disclaimer        Contact us        Webmistress