Guest worker sues Zachares

Filipino nonresident worker Bonifacio Vitug Sagana has filed a civil suit in the Superior Court against Department of Labor and Immigration Secretary Mark Zachares for alleged arbitrary action resulting in the denial of his right to due process.

Mr. Sagana also asked the court to set aside the decision by DOLI and reinstate his transfer relief rights for a reasonable period of time. In a petition filed through his lawyer Joe Hill, Mr. Sagana demanded for compensatory and punitive damages as well as payment of attorneys fees to be determined at a trial against Mr. Zachares.

Mr. Sagana entered the CNMI in 1991 as a nonresident worker and worked for a business enterprise that failed to pay him wages. He filed a case against the company for violation of the Nonresident Workers Act and was granted the right to transfer to another employer within 60 days from Aug. 26, 1998.

On Oct. 20, 1998, he filed an application with the Island Builders which was then pending in DOLI. He received no notice as to the status of his application.

According to the complaint, Mr. Sagana persistently followed his application with Island Builders on the status of his employment. Each time, he was assured by Island Builder’s staff and Al Manlucu that his employment application was still pending with DOLI.

At no time did Island Builders or Mr. Manlucu did indicate to him that the company was prohibited from hiring nonresident workers nor did the firm denied his application.

On two occasions he went to DOLI to inquire about the status of his employment application with Island Builders and was told that only prospective employer could obtain the status and processing of his employment application.

All along, DOLI never informed Mr. Sagana that Island Builders and Al Manlucu were barred from hiring nonresident workers thus, his application had been denied.

On Nov. 23, 1999, Mr. Sagana filed a labor action against Mr. Manlucu and the hearing officer found that Island Builders was in violation of the Nonresident Workers Act.

Unfortunately, the department denied Mr. Sagana’s transfer and ordered him to depart the CNMI within 20 days.

Mr. Sagana claimed that DOLI arbitrarily treats other similarly situated nonresident workers differently. He stressed that Mr. Zachares failed to promulgate administrative rules and properly structure, limit, train staff and supervise the activities, discretion and decision-making powers of DOLI with deliberate indifference to his constitutional rights. (LFR)