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By Haidee V.
Eugenio
Variety Assistant Editor
ANOTHER business establishment
has closed, this time an accounting and income tax service business due
to financial difficulties and a serious downturn in business on Saipan.
Skeys Accounting & Income Tax Services closed on or about Nov.
30, 2006, and the Department of Labor allowed one of the companys
nonresident workers to transfer to another employer.
Ngirarois Skey dba Skeys Accounting & Income Tax Services employed
nonresident Romeo V. Sison as an accountant from 1989 until 2006. The
latest permit expired on Sept. 20, 2006.
The employer filed a timely application to renew Sisons employment
on Sept. 19, 2006.
However, on Oct. 27, the employer issued a so-called written notice of
termination for cause, informing Sison that with great sadness,
the employer had decided to close his business due to financial difficulties
and a serious downturn in his business.
Labor Hearing Officer Jerry Cody, in a Jan. 25 administrative order, said
several weeks after issuing the termination letter, the employer informed
the director of the Division of Labor about the closure of the business.
The department denied the application to renew Sison based on the business
closure, and an appeal followed only to request that Sison be granted
transfer relief.
Generally, the department has allowed permit applications to be
cancelled where the employer closes his business for legitimate business
reasons and promptly notifies the department of the closure, said
Cody. In this case, the employer closed his business, gave his employee
and the department advance notice of the closure; and agreed to compensate
the employee for the 30-day notice period provided in the contract.
The hearing officer thus granted Sisons transfer request, but denied
the contract renewal because of the closure of the business.
During the Jan. 23 hearing, Sison testified that his employer never paid
him full compensation for the notice period, which the employer had promised
to do in his termination letter dated Oct. 27, 2006.
Sison said his employer still owes him more than $900 in wages for the
period Nov. 3 to 30, 2006.
Cody declined to decide the issue on this proceeding, saying the issue
of back wages is not before him on this denial appeal.
Mr. Sison may file a labor complaint against his former employer
for the unpaid wages he alleges to be owed. However, I note that only
one grant of transfer relief shall be issued in connection with this employment,
Cody said.
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