By Haidee V. Eugenio
Variety Assistant Editor

THE Department of Labor has denied the contract renewal for a nonresident worker after the employer, Saipan Hotel Corp. doing business as Hafa Adai Beach Hotel, rejected the application of a local worker deemed qualified for the same position of front desk supervisor by the Division of Employment Services and Training.
Labor hearing officer Barry Hirshbein yesterday affirmed the denial of the contract renewal for Jackilyn T. Ruan.
In his four-page order, Hirshbein said that Hafa Adai Beach Hotel made no effort to help local worker Jannie Tenorio develop her Japanese language skills that the hotel now says are required for the front desk supervisor position.
Hirshbein noted that Tenorio worked as a front desk supervisor for one year and five months at the Hyatt Hotel, and performed the same job for the Hafa Adai Beach Hotel for five years and 10 months.
During a hearing on Tuesday, according to Hirshbein, Hafa Adai Beach Hotel acknowledged that Tenorio has the basic skills to perform the job of front desk supervisor but argued that Tenorio’s lack of Japanese speaking ability renders her unqualified.
The job vacancy announcement submitted by Hafa Adai Beach Hotel included all the duties of a front desk supervisor and Tenorio is qualified to perform those duties, said Hirshbein.
The only reference to language skills in the JVA is “preferably Japanese speaking.”
“While the employer may certainly ‘prefer’ a candidate with Japanese language skills, it is not a requirement for the position,” said Hirshbein.
Hirshbein said that it appears that during Tenorio’s five years and 10 months working for Hafa Adai Beach Hotel, the employer made no effort to help Tenorio develop skills that they now say are required for this position.
“While the employer stated in the JVA that they would prefer someone with Japanese language skills, it does not appear that such skills are a prerequisite for the performance of the duties of this position. However, even if these skills are necessary, it appears that they are attainable through basic classes and on-the-job experience. Under these circumstances, the employer is required to provide the necessary training,” said Hirshbein.
However, Hirshbein granted Ruan 45 days from May 16 to submit an application for transfer to a new employer.
If she fails to submit a timely application for transfer, the employer of record shall be notified to provide a repatriation ticket within 15 days of service of notice of employee’s failure to transfer.
“Employee must depart the CNMI within 15 days after the repatriation ticket is delivered to the Department of Labor or the matter will be referred to the CNMI (Division of) Immigration,” said Hirshbein.