DOLI clears employer in discrimination complaint

The Department of Labor and Employment has assured businesses that it is continuously examining its policy to improve delivery of service to both employers and workers, according to Alfred Pangelinan, director of Employment Services.

Mr. Pangelinan said labor cases are immediately decided to settle disputes which may have stemmed from confusion in the processing of documents. Recently, the Division of Labor has cleared an official of a Japanese company after then Hearing Officer Herbert D. Soll found that there was no intent to discriminate a resident worker in favor of a nonresident worker.

Investigation showed that Hideo Miyazawa, general manager of Y.O Saipan Corp., submitted a job vacancy announcement for the position of store manager in January 1999.

The following month, after not having received an application from a qualified resident applicant, he submitted a “statement of compliance” report relating to local resident preference in employment.

But subsequent to the submission of the document, the Division of Employment Services referred Leonora C. Angello, a resident worker for an interview to Y.O. Corp. However, Ms. Angello did not have sufficient experience for the position and the Division of Employment Services was notified of the firm’s decision in the same period.

While Ms. Angello’s application was rejected, the company hired a nonresident worker for the position of store manager. This angered Ms. Angello and complained to the Division of Employment why she was turned down for the position.

The Division of Employment found that Y.O. Corp. had violated the Nonresident Workers Act, about nine months after the complaint was lodged by Ms. Angello and less than two months prior to the expiration of the permit of a nonresident worker who was hired.

However, after careful study of the issues, Mr. Soll said there was confusion in the interpretation of the phrase “supervisory work,” which led to the rejection of the application of the resident worker.

According to the decision, Ms. Angello is very much qualified since she has spent time operating Y.O Corporation’s shop at Nikko Hotel. While she may not have been assigned to the position, her work at Garapan store of the same company has prepared her to act independently, the decision said.

DOLI has advised both Ms. Angello and Y.O Corp. to settle the matter since the position in question will be vacant in due time.