Previous Story
Labor denies firm’s application for worker
|
Posted on Mar 01 2006
The Department of Labor has affirmed the Labor director’s decision denying the application of a company to renew the employment of its alien worker, who wishes to return to China to work in his employer’s parent company.
Labor Hearing Administrative Officer Jerry Cody ordered Jianli Zhang to depart the CNMI no later than by March 8, 2006.
Cody ordered Zhang’s last employer, Mirage Saipan Co. Ltd., to provide the worker with a repatriation ticket.
Labor records show that on Feb. 9, 2006, Labor Hearing Office reversed the Labor director’s decision to deny Mirage’s renewal application to employ Zhang.
The order instructed Labor to process Zhang’s renewal application and directed Mirage and Zhang to pay monetary sanctions.
The parties approached the Hearing Office and asked for reconsideration in its order. The appellants informed the officer of certain new facts: That one day after the order was issued, Zhang was informed that Mirage’s parent company in China wants him to transfer to China to work in the operations.
Zhang wanted to accept the job offer and planned to return to China in several weeks with his wife, who is presently in the CNMI recovering from a recent hospitalization.
The appellants filed a motion for reconsideration asking the Hearing Office to allow them to cancel Zhang’s permit application and to remove the sanctions. They also requested to allow Zhang to remain in the CNMI until March 4, 2006, to enable him to care for his wife and accompany her on an airline ticket to China.
Labor did not oppose the motion.
In granting the motion, Cody said the new job offer that Zhang received after the hearing constitutes “newly discovered evidence which could not have been discovered” prior to the last hearing.
“This evidence is material to the denial case and appears to justify the parties’ request for reconsideration,” Cody said.
