Probe sought into resto owner’s labor practices

The Department of Labor has recommended an investigation into the hiring and employment practices of a restaurant company after it twice failed to process the permit application for a nonresident worker.

Kam Cheung Poon, owner of Poons Restaurant in Garapan, was fined $200 in June 2003 for failing to file a renewal application for worker Yang Jing Zhao for the 2002-2003 contract period. Since the earlier contract period already expiring then, Poon was ordered instead to file a new application for Yang for calendar year 2003-2004. At a recent hearing, however, it was found that Poon never processed Yang’s application.

As he had done earlier, Poon again used as an excuse that he relied on others to handle the processing. This time, he stated that he relied on his daughters to handle the paperwork but they have since moved back to Hong Kong.

“Mr. Poon’s apparent ignorance of the law and his negligence in making sure that he knows what his responsibilities are as an employer of nonresident workers here in the CNMI are disturbing. [I] informed Mr. Poon at [last year’s] hearing that as an employer, he has certain legal obligations under CNMI law that he must be held accountable for, including the actions or inactions of his agents. He apparently failed to heed [my] admonishments,” Labor hearing officer Cinta Kaipat said.

Poon also failed to pay the $200 fine imposed under the June 2003 order, it was learned.

Because of this, Kaipat raised the fine by $100 and barred Poon from hiring nonresident workers until the $300 fine is paid.

For his part, Yang was given 45 days to transfer to a new employer. He will have to depart the CNMI, at the expense of Poon, if he does not succeed in transferring within the time limit.

Further, Kaipat asked the Division of Labor to initiate a Compliance Agency investigation into Poon’s hiring and employment practices.

“The hearing officer is disturbed by what appears to be Mr. Poon’s lax attitude with regard to complying with the department’s requests to [correct] deficiencies or with the Hearing Office’s administrative orders,” Kaipat said. “There seems to be a pattern of employing workers without making a good-faith effort to comply with the law in a timely manner.”