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Judge agrees with Labor decision to deny alien worker’s damages claim
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Posted on Nov 10 2011
Superior Court associate judge David A. Wiseman has affirmed the Department of Labor’s orders that voided the contract of an alien worker and denied the worker’s claim for damages.
He said that Wu Qingsong had no legal status after the termination of his job and he could not have legally worked in the CNMI, which means there is no ground to award him any consequential damages.
According to court records, Qingsong was employed with Dong In Development Corp. and Jin Dong Sik as a truck driver and mechanic from December 2001 through July 2002 and was paid by check. He left the job in September 2002 due to non-payment of his wages.
Qingsong claimed that during the seven-month period, he worked at least 80 hours per week but was not fully compensated for overtime. From mid-July 2002 until mid-September 2002, Qingsong alleged that he was never paid at all. He claimed consequential damages because of his inability to enter into a subsequent employment contract.
On Oct. 10, 2006, Labor’s Hearing Office determined that Qingsong was adequately compensated for overtime and gave him no award.
Qingsong was, however, awarded $1,800 in damages and an equal amount in liquidated damages for the period that he worked but was not paid.
The Hearing Office also found that the employment contract was void as it was never approved by Labor. Qingsong was therefore not awarded wages for the period from mid-September 2002 to Nov. 30, 2002.
The Hearing Office determined that Qingsong was not entitled to consequential damages because of “undue delay and unclean hands.”
Qingsong appealed the order to the Labor Secretary, who subsequently affirmed the Hearing Office order. In July 2008, Qingsong filed a petition for judicial review before the Superior Court.
In his order issued yesterday, Wiseman determined that the Hearing Office’s decision was proper.
