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The mediation session
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Posted on Nov 14 2008
[B]Q: What will happen if an alien worker who filed a Labor complaint does not attend a mediation session despite receiving the notification?
A:[/B] If an alien worker who is a complainant in a Labor case does not attend the mediation session after adequate notice, a Labor administrative hearing officer may deny authorization to seek temporary work pending a hearing on the matter. According to the new Alien Labor Rules and Regulations, if a foreign national worker does not attend the mediation session after requesting a rescheduling and does not provide the Labor Administrative Hearing Office with at least five days notice, the hearing officer may dismiss the complaint without prejudice or without finality.
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[B]Q: What will happen if an employer who is a complainant in a Labor case does not attend the mediation session?A:[/B] According to the Regulations, if a complaining employer does not attend the mediation session after adequate notice, a Labor hearing officer may dismiss the complaint without prejudice or without finality.
If the complaint is not resolved at mediation, the Labor Director may file a motion to dismiss if the complaint has not been timely filed or is otherwise deficient on its face.
If the complaint is timely filed, the hearing officer shall set a hearing date and inform both parties of the date.
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[B]Q: What will happen if the mediation is successful?A:[/B] If the mediation is successful, the Regulations state that the mediator shall reduce the agreement to writing and the agreement shall be signed by both parties within three days after the mediation session. If the alien worker is represented by a lawyer or a professional assistance, any mediator may approve the settlement agreement. If the working is unrepresented, a Labor hearing officer must approve the settlement agreement.
[I][B]Disclaimer[/B]: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
