‘Inability to speak English not an excuse for employers to fail in their obligations’

Being unable to speak English does not relieve an employer of his or her obligation to act as a responsible employer, according to the Department of Labor.

Labor Administrative Hearing Officer Jerry Cody said the employer’s responsibility includes taking steps to ensure that all required supporting documents are filed in a timely manner.

Cody issued the reminder in his order warning G.G.K. Corp. and its president, Lee Mi Hua, that any failure to comply with the permit processing requirements in the future may result in monetary sanctions.

Cody affirmed the Labor director’s decision denying the permit renewal application filed by B.G.K. Corp. for alien worker Lucia A. Licen.

The hearing officer allowed Licen 45 days to find a suitable employer.

Labor records show that B.G.K. operates the Seoul Laundry in Chalan Kanoa where Licen previously worked as a laundry attendant under a work permit that expired on May 20, 2005.

On that day, B.G.K. filed a timely renewal application to continue employing Licen.

Labor served B.G.K.’s agent with a deficiency notice, citing that the application had no certified job vacancy announcement and a health certificate for Licen.

The employer did not submit any documents to correct the deficiencies, prompting Labor to deny the application. The denial was served by mail to B.G.K.’s post office box.

Nearly four months after the denial was served by mail, B.G.K. appealed. The manager, Lee Mi Hua, testified she had received the denial by mail in September 2005 and delivered it to her processing agent for handling.

Lee was unaware that the employer had 15 days to file an appeal. Although the denial contained a reference to the 15-day deadline, Lee either failed to read the reference or failed to understand it.

The JVA deficiency had been corrected in June 2005; however, the employer and her agent never delivered the corrected JVA to the processing section.

Licen’s health certificate was not obtained until November 2005 or six months after the deficiency notice and two months after the denial.

Lee explained that given her extremely limited knowledge of English, she completely relied on her neighbor to serve as her processing agent for all matters concerning Licen’s permit application.

Lee was ignorant of almost all requirements related to the permit application process.