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Labor vows to pursue probe vs employer
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Posted on Oct 30 2004
An employer who was found operating without a business permit and permanently barred from hiring alien workers is not out of the woods yet.
The Department of Labor Hearing Office issued an order yesterday closing a compliance agency case against Green Star Co. Ltd.; the hearing office, however, did not preclude the filing of other cases against the company.
“This agency case is hereby closed, without prejudice to the department’s right to pursue other remedies based on further investigation,” hearing officer Jerry Cody said in an Oct. 29 administrative order. When a case is dismissed without prejudice, the complainant may be allowed to bring a new suit on the same claim.
The agency case was heard last Tuesday. Based on testimonies of Green Star president Li Bo Xin and Labor officials, Cody permanently disqualified the company from employing alien workers in the CNMI.
During the hearing, it was found that the company continued to operate its businesses six months after the Department of Commerce denied its application for a long-term business certificate. Green Star admitted that it was informed of the Commerce Department’s decision in August 2003. However, Green Star president Li Bo Xin did not close his businesses until February 2004.
Cody also granted transfer relief to the 52 employees who lost work as a result of the closure.
During Tuesday’s hearing, the Division of Labor stated that it plans to continue investigating Green Star.
The division had asked Li to produce Green Star’s payroll and employment records covering the 12-month period ending in February 2004. Green Star produced incomplete and suspect payroll records containing serious gaps in terms of both personnel and time.
“These records suggest that Li Bo Xin and Green Star may have failed to pay some employees minimum wages required under CNMI Labor law, or that some employees holding permits for Green Star actually worked for other employers in violation of the law,” Cody noted in his order.
Green Star workers have not filed claims for unpaid wages. (Agnes E. Donato)
