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Guest worker appeals DOLI’s decision
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Posted on Jun 09 1999
A nonresident worker, whose earlier complaint was rejected by the Department of Labor and Immigration, is asking the Superior Court to reverse the previous administrative order throwing out her complaint.
Appellant Mei Zheng asks for a judicial review on an earlier order by DOLI rejecting her complaint because of lack of jurisdiction.
Zheng first filed her complaint in October last year with DOLI for breach contract and failure to pay wages against her former employer, the Pacific Won Corporation.
It was denied by Labor Director Gil San Nicolas after the agency found out that she stopped working since February of last year and her work permit expired three months after.
Based on DOLI’s new policy, the agency prohibits the acceptance of labor complaints from individuals who are not bonafide nonresident workers. Likewise, by filing her complaint almost 8 months after she stopped working, she failed to meet the deadline for submission set by DOLI.
Her subsequent appeal was likewise denied by DOLI Hearing Officer Linn Asper and Secretary Mark Zachares.
In an appeal filed in the Superior Court, Zheng contends that DOLI failed to comply with its own rules and regulations in processing or refusing to process a petitioner’s complaint. Its final decision order was unwarranted since it was not supported by facts, the appeal added.
By DOLI’s refusal to hear her case, she was denied of due process and of her constitutional rights, according to documents.
Zheng arrived on Saipan as a guest worker on May 1997. She was hired as a cook and performed the task from 9:00 AM to 2:00 PM daily.
Based on her complaint, she was required to work as a bar hostess and forced to drink at least five cans of beer with customers from 7:30 PM to 2:00 AM daily.
Her employer gave her a flat rate of $500 monthly with $50 tax deduction. However, from June to July 1997, her employer failed to pay her monthly compensation.
