Barry Hirshbein, administrative hearing officer, said Tai Nyun Nam should not be given a transfer relief and his worker’s entry permit should be revoked.
Tai Nyun Nam is also barred from future employment in the CNMI, Hirshbein said in his administrative order dated Aug. 6, 2009.
The worker claimed he was not paid $1,944 by Nams Pacific Corp. for his wages for March, April and May 2009.
According to Hirshbein, Tai Nyun Nam testified in early July that he found a prospective employer — a few days later he filed a labor complaint.
“He does not think he can collect money from the employer but he wants transfer relief. Employee continued to perform work as an independent contractor after the filing of the complaint,” the order stated.
Hirshbein said Tai Nyun Nam was content to work as an independent contractor and used his renewal application for work entry to maintain immigration status.
Tai Nyun Nam, who has been with the management of the corporation for six years, said the corporate officer in charge of the business, Kim Kyung Joo, left the CNMI in 2007.
After that date, he said there was no corporate project and no regular salary payment so he started working as an independent contractor from March 2007 to the present.
He admitted that he didn’t issue receipts for the work he performed and none of the money went into the corporate account.
He said he earned between $300 to $500 every month in 2007 and 2008. He didn’t file a personal income tax return for 2008.
Hirshbein said Tai Nyun Nam’s claim for money damages is frivolous, adding that the worker was the manager and maintained his position as manager for over two years after the business stopped operation.
“He used his position to maintain his immigration status and to perform improper work activities,” he said. “His claims for wages are solely for the purpose of supporting his labor complaint request for transfer.”
Hirshbein said Nams Pacific Corp., its officers and directors are permanently barred from utilizing any foreign national workers in the CNMI.
The corporation was also fined $2,000 while Tai Nyun Nam will be repatriated.
