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Labor dismisses worker’s appeal
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Posted on Aug 02 2005
The Department of Labor has granted a nonresident worker 45 days to seek a new employer, following the dismissal of his appeal of a labor administrative order.
Labor hearing officer Jerry Cody said Ko Sung Il, a former worker of Metro Saipan Inc., has until Sept. 1, 2005 to find a transfer employer who should file an employment application for Ko with the Division of Labor.
Cody also dismissed Ko’s appeal of a June 27, 2005 administrative order, upon Ko’s testimony that he was not contesting the denial decision but simply asking to be allowed to transfer to a new employer.
On June 27, Labor hearing officer Herbert Soll affirmed the Division of Labor’s decision to deny Metro Saipan’s application to employ Ko. This resulted from the employer’s failure to correct the deficiencies in the application.
Soll’s order, however, did not address the immigration or work status of Ko.
On July 12, Ko filed the appeal for the sole purpose of requesting permission to transfer to a new employer.
At the hearing of the appeal, Ko testified that he had left his contact details with the Hearing Office, but he was never contacted by telephone or given notice of the date and time of the hearing conducted by Soll.
For this reason, he did not appear at the hearing to request transfer relief.
Ko also said that, if his transfer request is granted, his appeal should be dismissed.
In an order, Cody concluded that the application was denied because of the employer’s fault and not through any fault of Ko. Therefore, Ko’s request should be granted.
However, Cody also warned Ko that he should depart the Commonwealth if he fails to provide proof of the filing of a transfer application within the 45-day transfer period.
“In such event, any failure by Mr. Ko to depart from the Commonwealth shall result in his name being forwarded to the Office of the Attorney General for deportation proceedings,” Cody said.
