Ex-Gardenia workers demand owed wages

Former Pacific Gardenia Hotel employees have accused the establishment’s receiver of ignoring their demands for payment of their salary and back wages.

The 11 workers—all of whom have resigned, been terminated, or had their contracts expired—said the hotel owed them a total of $19,035.54 in salary and back wages. They also demanded payment of their airfare for repatriation.

“[The management keeps] on delaying our salary that is our only source for our daily needs. Some of us who decided to just go home after the expiration of our contract are still here and will almost reach the 45-day grace period because they are not giving [us] our air fare, previous salary, and back wages.

“We feel that this delay tactic is a harassment and intimidation game they play at our expense and our families, who are dependent on our remittances,” the workers said in a June 2 letter to the Department of Labor.

In an interview, Pacific Gardenia receiver Rex I. Palacios denied that there was any “devious intent to cheat” the workers.

He also noted that the alleged back wages were accumulated under the administration of former general manager Ronald Sablan—or before the hotel was placed under receivership.

He explained that the primary reason he had not paid the workers was the unavailability of time cards and other documents supporting the claims.

“In order for me to pay anything, I have to be sure that the claim is legitimate. In this case, my hands are tied. Being an appointee of the court, I don’t know what to do. So I decide to play on the safe side by not paying anything until the court gives me instructions,” Palacios said.

He also said he found it “strange” that some employees were claiming back wages while others were not, even though they were all employed by the hotel at the same time.

“Why did Ron Sablan pay the office employees and not the rank-and-file workers?” Palacios asked.

He also disclosed that a hearing had already been scheduled for June 15 by the Department of Labor to address the workers’ complaints.

“What Labor should do is file a petition asking the court to instruct me to pay these employees in spite of the fact that their time cards cannot be found,” said Palacios.

In their letter, the workers estimated that they were each owed between $574.23 and $3,415.82.

“We understand the company’s situation but they knew the expiration dates of each employee and should have budgeted for our full compensation, but they are intentionally using the receivership issue as an excuse. The past management, though also in the same predicament, had always managed to fully compensate all departing employees upon expiration,” the workers said.

Aside from payment of their back wages, the workers also requested waiver of the $20 filing fee for their temporary work authorization.