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Frivolous Labor complaint
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Posted on Jun 06 2008
[B]Q: When can a Labor complaint be deemed frivolous?[/B]
A: Labor administrative hearing officers may find a complaint to be frivolous if it is unfounded in fact or law or initiated primarily to obtain an undue pecuniary benefit or for distraction or delay.
According to the new Alien Labor Rules and Regulations, the filing of a complaint which is determined by a preponderance of evidence to be frivolous shall be grounds for permanently disqualifying the foreign national worker who filed the action from employment in the CNMI or permanently barring an employer who filed the action from further employment of foreign national workers.
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[B]Q: What is the whistleblower relief?[/B]A: In order to promote the public interest in securing compliance with Commonwealth law, the regulations state that an alien worker who provides Labor with information on the basis of which a compliance agency case is concluded successfully may be granted a transfer by a hearing officer even if not qualified under the provision pertaining to transfers.
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[B]Q: If a worker does not prevail in his or her Labor complaint, can he or she still appeal before the Labor hearing officer?[/B]A: Yes. The regulations state that a party may file a motion for reconsideration within 15 days after getting the administrative order. The worker’s motion shall state concisely the matters of controlling decisions that a party believes the hearing officer overlooked or misapprehended.
No affidavits shall be filed for additional evidence offered. No oral argument shall be heard unless the hearing officer directs to the contrary.
After a decision on a motion for reconsideration is signed, the regulations state, “no further motions or filings may be made with the administrative hearing office other than a notice of appeal.”
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to SaipanTribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
