A hearing officer has affirmed Tinian Dynasty Hotel & Casino’s decision to terminate the contract of its foreign worker who used a day-trip coupon for tourists to pay for the take-out order of his wife and her friend who were also hotel employees.
In her administrative decision, Hearing Officer Cinta M. Kaipat said Jiang Jung Xi’s claim that he was illegally terminated last year following the incident was inaccurate.
“Mr. Jiang failed to prove that his termination was illegal and that he is entitled to his entire contract amount plus liquidated damages,” Kaipat said.
After reviewing the oral testimony and evidence presented on Jiang’s case, Kaipat said he failed to meet his burden of proving that Tinian Dynasty acted arbitrarily or capriciously in terminating him or that he was terminated for an illegal reason.
“Despite being aware that day-trip coupons cannot be used to pay for take-out orders, Mr. Jiang ignored proper company procedures and ordered the take-out food anyway,” Kaipat said.
According to labor documents, Jiang was a café supervisor at Dynasty. His wife Julia Tao also worked there.
On Feb. 1, 2001, Tao and cashier Susan Zhang ordered a take-out meal. Jiang delivered the meal to the two women and accepted a $25 day-coupon from Zhang.
The coupon was issued to one of their guests in Dec. 2000 but was never used by the tourist who gave it to Zhang.
“Mr. Jiang admitted that he used a day-trip coupon to pay for the take-out meal even though he was well aware that doing so directly contravened established company policy. Jiang then offered to resolve the matter by paying cash for the meal,” labor documents showed.
The incident reached the attention of the management.
Tao offered to resign. Jiang apologized for his action but later filed a labor case against Dynasty, claiming that he was illegally terminated.
In her decision, Kaipat said there was “just cause” when Dynasty terminated Jiang’s contract.
