Labor sanctions garment manufacturer for untimely filing of renewal, appeal
Saipan Tribune, Micronesia
By Ferdie de la Torre
Reporter
The Department of Labor has sanctioned a garment manufacturer for its untimely filing of appeal on the denial of its renewal application for an ironer.
Labor Administrative Hearing Officer Jerry Cody also determined that Kyung Seung Saipan Inc. also untimely filed the 2014 renewal application for the ironer, Shaofa Su.
Kyung Seung Saipan, which took over the management of Rifu Apparel Corp., was sanctioned and ordered to pay $480 to the CNMI Treasury.
Cody reversed the Labor director’s decision that denied Kyung Seung’s 2014 renewal application for Su.
The hearing officer said since the time period for the 2014 renewal application has passed and a 2014 renewal application is currently pending, the Labor Division should process the 2014 application, provided that the employer pays the sanction.
According to Labor records, Su worked as an ironer for employer Rifu Apparel Corp. under a nonresident work permit that expired on July 7, 2014.
Kyung Seung Saipan filed a renewal application for Mr. Su on Aug. 22, 2014-46 days late.
On Nov. 28, 2014, the Labor Division denied the application on the grounds that it was untimely filed.
Kyung Seung waited more than eight months to file an appeal of the denial.
In his administrative order, Cody said that, at the hearing, he first addressed whether or not to dismiss the appeal based on its untimely filing.
After deciding to allow the appeal to proceed, Cody said he took testimony from the employer’s local manager, Juanita Angel, regarding the employer’s reasons for the late filing of the renewal application.
After hearing the testimony, Cody said, the Labor Division recommended that the hearing officer allow the appeal to proceed, reverse the denial and sanction the employer for its conduct.
Under these facts, the hearing officer said he could dismiss the appeal, affirm the denial and give transfer relief to the worker.
However, he said, Kyung Seung and Su asked to be allowed to preserve this employment relationship and agreed to pay monetary sanctions for their conduct.
“This employer testified at hearing that after Kyung Seung Saipan Inc. took over management at Rifu Apparel Corp., the new management neglected to realize that Su’s renewal application was due,†Cody said.
Cody said as soon as the employer discovered its mistake, it took steps to rectify the situation.
At the hearing, he noted, the employer accepted responsibility for its mistake and promised to be more diligent in monitoring the expiration dates of its employees’ permits.
