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Failure to show bond results in denial of worker application
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Posted on Mar 26 2006
The Department of Labor’s administrative hearing office has affirmed the Labor director’s decision that denied the owner of Pacific Gardenia Hotel’s employment application for an alien worker.
Labor hearing officer Barry Hirshbein, however, found the worker, John Shaolin Delweste Jugos, not at fault and gave him 45 days to submit an application for transfer to a new employer.
Hirshbein said the Labor director denied the employment application for Jugos because SYS Corp., owner of Pacific Gardenia Hotel, failed to provide a bond.
Jugos appeared in the administrative hearing. No one appeared for SYS Corp.
Hirshbein said if Jugos fails to submit a timely application for transfer, the employer of record shall provide his repatriation ticket.
The employee must depart the CNMI within the 10 days after the repatriation ticket is delivered to Labor or the matter will be referred to Immigration, said the Labor hearing officer.
Early this month, six employees of SYS Corp. sought help from Labor due to the alleged decision by the court-appointed receiver to close the hotel, restaurant, and bakeshop.
Six employees of Pacific Gardenia Hotel went to Labor to file a complaint against their employer for alleged non-payment of wages.
Rex Palacios, the court-appointed receiver for SYS Corp. insisted that Pacific Gardenia Hotel, El Segundo Restaurant, and the bakeshop are open. He described as baseless the allegations that he ordered the closure.
In Jan. 2005, Superior Court Associate Judge Juan T. Lizama appointed Palacios to serve as receiver of Pacific Gardenia Hotel and its affiliated businesses.
Lizama made the appointment based on the request of the Commonwealth Development Authority.
CDA sued Sy’s Corp. that owns Gardenia Hotel for their failure to pay $2.4 million in loan, accrued interest and late charges. (Ferdie de la Torre)
