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Alien worker application denied
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Posted on Oct 25 2004
The Department of Labor denied a permit application for a new alien worker from China because of the hiring company’s failure to submit complete requirements.
Hearing officer Jerry Cody also warned the employer, XOU Corp., to take immediate steps to improve its handling of permit applications.
Cody recommended that the manager establish an official mailing address for the corporation and inform the department of that address, and find a competent processing agent to provide assistance to the company in processing matters.
The hearing office issued the Oct.15 order with regard to XOU Corp.’s application to employ a prospective worker currently residing in China.
XOU Corp. operates the Number One Bar in Chalan Kanoa, among other businesses, and the company wanted to hire Meing as a sixth waitress.
When the employer filed the application on May 19, 2004, the department noted two missing requirements: a certified job vacancy announcement and a living quarters clearance. The department instructed XOU Corp. to correct the deficiencies within 10 days.
The employer however failed to submit the necessary documents within the following month. On June 21, the department denied the application.
During the hearing of the ensuing appeal, manager Meng Xiu Ling said she relied on an agent named “Rod” to prepare and file the application. The agent received the deficiency notice but failed to follow up on correcting the deficiencies.
“Even accepting the contention that the employer’s agent was at fault, that fact does not absolve the employer. The employer remains ultimately responsible for the failure of its agent to correct the deficiencies in a timely manner,” Cody said.
Thus, he affirmed the Labor director’s decision to deny the application.
“Any failure by XOU Corp. to correct deficient permit applications in the future may result in substantial monetary and other sanctions against this employer,” Cody added.
