08 Task Performance 1
Research and look on the case of Melva Nath versus Shangri-La Manila Hotel and respond to the
following questions:
o Did the company observe due process in the case?
- The Shangri-La Hotel disregarded the rule of law. In this case, respondent NLRC committed
grave abuse of discretion in upholding the legality of petitioner's dismissal despite the fact
that: a. there was no due process and petitioner's alleged substandard work performance
was never cited as a ground for termination nor raised as an issue; and b. there was no clear,
independent, and satisfactory evidence to prove that petitioner's work performance was
substandard.
Undoubtedly, petitioner was dismissed without due process of Law. In this regard, the rules
implementing Batas Pambansa Blg. 130 provided:
Sec. 2. Notice of Dismissal. — Any employer who seeks to dismiss a worker shall furnish him
a written notice stating the particular acts or omission constituting the grounds for his
dismissal. In cases of abandonment of work, the notice shall be served to the worker's last
known address.
Sec. 6. Decision to dismiss. — The employer shall immediately notify a worker in writing of a
decision to dismiss him stating clearly the reasons, therefore.
o Do you agree with the decision of the court? Why or not?
- Yes, I agree with the court's ruling. I think the court's ruling that Nath was dismissed for an
authorized reason and without due process and that she is not entitled to reinstatement,
back pay, damages, or legal fees is valid because there is proof that she was still on probation
at the time of her dismissal.
o Why do you think tourism-related establishments are more prone to labor cases than other
industries?
- - Compared to businesses in other industries, tourism-related businesses are more prone to
becoming involved in labor cases due to the versatility and intensity of the work. As an
example, the tourism business cannot be contained within the workday or workhour period
specified by law since visitors or tourists must be entertained in a 24-hour period, mandating
the reporting of employees for the specified period.
o Research/Develop labor best practices for tourism and hospitality entities to prevent, like the
case mentioned above, from happening.
The following are the best labor practices that are now implemented in various tourism
establishments:
(1) A comprehensive background check is usually undertaken by an employer before admitting
newly hired employees.
(2) A two-week orientation training is given to the newly hired employees before they start their
actual duty. An immersion of the operations will be observed plus a thorough study of the
company’s background by the new employee will be undertaken. A written examination on what
was learned during the orientation training will have to be taken by the newly hired employees
before he starts to work.
(3) Some respondents report that they do not have unions in their workplace. Instead, a weekly
or monthly dialogue with the General Manager or President, or weekly meetings with Labor
Management Councils are being established to thresh out every problem being encountered by
employees.
(4) A performance evaluation on a monthly or quarterly basis is being undertaken among
employees. In this regard, proactive counseling is being done to improve the performance and
productivity level of employees. By way of practice, a written performance evaluation is
furnished to the employee concerned.
(5) Meritocracy is observed in such a way that increase in pay and other incentives are always
based on performance. Other benefits being given over and above the benefits prescribed under
labor standard laws are meal allowance, vacation leave, sick leave, emergency leave,
bereavement leave, hospitalization and medical benefits, group disability insurance, rice subsidy,
birthday leaves, profit-sharing, performance-based awards, productivity bonus, education
benefits, 14th up to 16th month pay, quarterly bonuses, meal allowance, loyalty awards,
Christmas groceries and a competitive retirement program. Sports and recreational activities,
Christmas parties and weekly bible-reading activities are being undertaken to develop the
employees’ physical, social and spiritual well-being.
(6) Adherence to due process in termination disputes is strictly followed by the employer (i.e., 2-
notice rule, hearing or opportunity to be heard, etc.).
(7) Newly hired employees are oriented on and being furnished copies of the company’s Code of
Ethics before they start working. All other day-to-day activities of the company policies are
published in memos, copy furnished to the employees and posted on strategic bulletin boards.
(8) Employees are furnished with copies of their job description, company policies, house rules
and the instruments on how they will be evaluated.
(9) Companies invest highly in training and development of employees and managers.
(10) To minimize labor cost, some of the tourism establishments apply franchising as a business
model. Contractual employment in emergency cases is also being undertaken.
(11) For tourist sites which are being administered by the government, strict adherence to civil
service laws, rules and regulations is imperative.
References:
G.R. No. 122866. (n.d.). https://lawphil.net/judjuris/juri1997/jun1997/gr_122866_1997.html
Carpio-Aldeguer, C. (n.d.). Best Labor Practices in the Hospitality Industry.
http://chriscaldeguer.blogspot.com/2010/06/best-labor-practices-in-hospitality.html
