Refusal After an Employer's Overstated Experience Declaration
Ms Wong applied to renew her construction worker registration. The Authority refused the application because her employer's experience declaration stated five years in electrical installation, but payroll and MPF records showed only two years. Ms Wong says she signed the form without reading it and that the employer filled it in. She has two years of genuine experience, a valid safety training certificate, and a new job offer starting in ten days. Her previous registration card expired last month. The refusal letter is dated 3 June and was received on 5 June; it states that she may apply for review within 14 days and that an appeal lies to the Administrative Appeals Board. Ms Wong wants to start work immediately because 'the refusal is the employer's fault, not mine'. She asks whether she can work while the review is pending and whether she should just submit a fresh application.
1. What review or appeal steps should Ms Wong take, and by when?
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She should treat the refusal as a formal decision and use the review route promptly. The letter was received on 5 June and gives 14 days for review, so she should lodge the review application by 19 June, not wait until the new job starts. She should:
- Read the refusal letter carefully and identify the exact decision: refusal of renewal, and the reason given.
- Submit a written review application within the stated period, setting out why the experience declaration was wrong and what her true experience is.
- Attach evidence: payroll records, MPF records, truthful employer letters, site records, her safety certificate and identity document.
- Ask the Authority to correct the record or reconsider the refusal on the true facts.
If the review confirms the refusal, she should note the appeal route to the Administrative Appeals Board and the appeal period stated in the review decision. The appeal is not a fresh application; it challenges the decision. She should keep copies of everything submitted and record the dates.
2. Can she start the new job while the review is pending? Explain.
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No. A pending review does not give her a valid registration card. Her previous card expired last month, and the renewal has been refused. Until the Authority issues a valid registration or the refusal is set aside through the review or appeal process, she should not carry out construction work on a construction site.
The fact that the false declaration was the employer's doing does not create a right to work. The employer must not employ an unregistered construction worker, and she must not work without valid registration. Starting the new job in ten days would put both her and the new employer at risk.
She should tell the new employer honestly that her renewal is under review and that she cannot start on site until registration is restored. If the employer has off-site or non-construction work, that may be possible, but she should not assume it. She should also avoid signing another form containing the same incorrect information.
3. What evidence should she gather, and how should she deal with the false declaration?
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She should gather evidence that shows her true experience and explains the error without repeating it. This includes:
- MPF records and payroll records for the actual period worked.
- Employer letters that state her true duties and dates, corrected if the earlier letter was wrong.
- Site records, attendance records or reference letters from supervisors.
- Her identity document, safety training certificate and previous registration details.
She should deal with the false declaration directly. Saying 'I signed without reading it' explains the mistake but does not erase her responsibility to check the form. In her review statement she should acknowledge that the declaration overstated her experience, state the correct period, explain who completed the form and why it was wrong, and confirm that she will not rely on it. She should ask the employer to correct the declaration in writing.
She should not submit a fresh application containing the same false information. A fresh application may be refused for the same reason and could create a worse record. The review should focus on correcting the facts and showing that her genuine two years' experience meets the requirement for the grade she seeks.