Chinese farmer victimized twice in job search

The Department of Labor’s Administrative Hearing Office has found a Chinese farmer victimized not once but twice in her attempts to seek employment on Saipan.

Labor Administrative Hearing Officer Maya B. Kara said Xiu Mei Shi should be granted a transfer to a new employer as she is “certainly less at fault than the employer who sought to exploit her desperation.”

“Employee, due to her lack of ability to speak English and her general lack of sophistication, has been victimized, not once, but twice during her attempts to secure legitimate employment,” Kara said, adding that it would be entirely unjust to penalize Shi for the unscrupulousness of others.

The hearing officer strongly urged Labor to undertake an investigation regarding the conduct, the circumstances and the practices that came out during the hearings in Shi’s case.

Kara affirmed the Labor director’s decision to deny the permit renewal application for the worker. She gave Shi 45 days to file a new transfer application and needed papers.

Kara certified Shi’s eligibility for a conditional grant to work for a new employer and her right to remain in the CNMI during the 45-day period.

If the employee is unable to submit the necessary application within such period, she shall be repatriated to China at the expense of her last employer, Ramon Crisostomo, the hearing officer said.

Labor records show that on June 22, 2005, Lucky De Corp. submitted an application for an after-contract expiration transfer on behalf of Shi.

Shi’s work permit with her prior employer, Crisostomo, had expired on April 29, 2005. Accordingly, her 45-day transfer period expired on June 13, 2005.

Labor denied the application on July 6, 2005 for having been filed nine days late. The appeal followed.

Labor learned during the Aug. 30, 2005 hearing that Shi and her husband, both Chinese, had been working as farmers in the CNMI, first on Tinian and then on Saipan, since 1996.

Shi’s last employer informed her that she would not be renewed and should look for another job.

To that end, Shi apparently paid $300 to an unnamed “local” agent to secure employment for her. Although this agent promised her a job, he was not able to deliver on his promise and returned the money to Shi.

At this time, the transfer period had almost expired. Shi then approached Kuan Y. Leung, secretary of Lucky De Corp., to give her a job.

Lucky De owns several farms on Saipan and employs a number of Chinese farmers, including Shi’s husband.

Shi’s husband’s brother is, in fact, the president of Lucky De. Leung proceeded to file an application on Shi’s behalf, nine days late.

While the decision was pending, the hearing officer received a request to reopen the hearing from Shi’s newly engaged counsel, Sean Frink.

The ground for such request was Shi’s inability to fully understand and participate in the prior proceedings.

It appears that Shi is a Fujian speaker of limited education while the Department’s translator was a highly educated Mandarin speaker.

During the Nov. 17, 2005 hearing, Shi supplied her own translator. She testified that she paid a total of $800 to Leung to process her papers.

Leung testified he didn’t want to hire her; didn’t intent to hire her; was just helping her out and that the employee never actually worked for him.

Shi testified she no longer wanted to work for Leung and that she had found a new employer and asked that she be granted a transfer to the new employer.

The Department stated that it had no objection to such a transfer. However, the Department recommended that sanctions be imposed on the employer for the attempt at fraudulent hiring, sponsorship and other violations of Commonwealth labor laws.

In her order, Kara said a better vehicle for the imposition of appropriate sanctions, including restitution to the employee, would be an agency compliance case.