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By Haidee V.
Eugenio
Variety Assistant Editor
ASC Inc., doing business as
the Nagoya Star Night Club, has paid five dancers and one waitress a total
of $4,345.09 in back wages and for their last payroll ending April 17.
Nagoyas last day of operations was April 17, which was earlier than
the original plan of April 29.
The payments were made after Variety ran reports about Nagoyas pending
closure and the non-payment of employees wages since February, as
well as the ladies drink commissions promised to them.
Yes we received our back wages and last payroll but not the ladies
drink commissions, one of the employees confirmed yesterday.
The workers said they were given 30 days to look for a transfer job.
On April 17, Nagoya Star manager Angelina Cabrera paid the employees a
total of $3,473.86 in back wages covering Feb. 7, 2007 to April 3, 2007.
The workers were paid from $502.22 to $749.85 each in back wages.
The payments were witnessed by Department of Labor investigators Marvin
Deleon Guerrero and John I. Tagabuel.
On April 23, Cabrera paid the six employees their last paycheck covering
April 4 to 17 totaling $871.23, witnessed again by Deleon Guerrero, Tagabuel
and Federal Labor Ombudsmans Office caseworker/translator Glen Anthony
Buultjens.
For their last payroll, the employees received from $135.26 to $148.58
each.
The dancers were not able to get their ladies drink commissions
because they were told that it was not specified in their employment contract
and it was only a verbal agreement. The ladies drink commissions
were promised to them when they were hired and they received these up
until a few months ago.
Former Judge Timothy P. Bellas, counsel for Nagoya manager Angelina Cabrera,
said when his client made the decision to close its doors because
of the worsening economic conditions on Saipan, she did what is required
under the law, by informing employees of the decision to terminate
business operations through a March 27 memo.
Next, in order to keep the employees apprised of the situation,
she wrote them a memorandum
and advised them as pointed out in the
original (Variety) articles on April 9th and 10th that all of the debts
to the employees would be paid and the management would support any request
for a transfer or they would repatriate any employee who wished to return
to the Philippines, said Bellas in a letter to the media sent yesterday.
Bellas said apparently, the employees became fearful that because
Ms. Cabrera went off island, she was not going to honor the employers
pledge to pay all back wages due to them.
The Nagoya Star workers earlier expressed fear that if they filed a labor
complaint against their employer, the case might be dismissed or the investigation
would result in a favorable outcome for the owners and management because,
they said, ranking Department of Labor officials frequented the night
club and were close to the club management.
Bellas said the mere fact the employees of Labor had visited Nagoya Star
in the company of their friends and that they paid for their drinks and
did not receive any other consideration because they were Labor officials
does not make them close to the management of Nagoya Star.
Bellas said Cabrera met the Labor officials when she went to Labor as
a customer and she requested assistance. As employees of Labor,
they explained legal procedures and other illegal requirements to her
for the processing of labor contracts. These are services which Labor
offers to all of its customers not just the ones they are close to,
he said.
He said Cabrera reported these facts to other CNMI officials who have
recently interviewed her in connection with an investigation of this matter.
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