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08 Task Performance 1

The document discusses a labor case between Melva Nath and Shangri-La Manila Hotel. It analyzes whether the hotel followed due process in terminating Nath and whether the court's decision agreeing with Nath's dismissal was valid. Some key points are that the hotel did not provide proper notice or reasons for termination. The court found the dismissal to be illegal. The document also discusses why tourism-related industries tend to have more labor cases, noting they are labor-intensive with long hours and seasonal work. It recommends labor best practices for these industries like formal employment contracts, strict employee screening, and maximizing security.

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Ann Acoba
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463 views3 pages

08 Task Performance 1

The document discusses a labor case between Melva Nath and Shangri-La Manila Hotel. It analyzes whether the hotel followed due process in terminating Nath and whether the court's decision agreeing with Nath's dismissal was valid. Some key points are that the hotel did not provide proper notice or reasons for termination. The court found the dismissal to be illegal. The document also discusses why tourism-related industries tend to have more labor cases, noting they are labor-intensive with long hours and seasonal work. It recommends labor best practices for these industries like formal employment contracts, strict employee screening, and maximizing security.

Uploaded by

Ann Acoba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DATLAG, RICHELLE ANN A.

BSHM 603

Melva Nath versus Shangri-La Manila Hotel

1. Did the company observe due process in the case?

Shangri-La Hotel Manila did not observe due process of terminating an employee. As mentioned
in the case, the hotel terminated Nath with a letter explaining the reasons for termination and
the later portion claiming that her employment with Shangri-La Hotel Manila was terminated
effective immediately, which obviously makes no sense because an employer must follow the
correct procedures required by law when termination an employee. Additionally, because the
company was found to have illegally dismissed Nath, Labor Arbiter Ramon VALENTIN c. Reyes
directed the respondent Shangri-La Hotel Manila to reinstate complainant to her previous job
without prejudice to seniority rights or other perks. Furthermore, the respondent was also
known to have committed a serious abuse of discretion in upholding the legality of the
petitioner’s or Melva Nath’s dismissal despite the fact that first, there was no due process and
the alleged inadequate work performance of the petitioner was never cited as a reason for
termination or raised as an issue and, lastly, there was no clear, independent and satisfactory. As
a result, Melva Nath was terminated without due process of law, and the company is
accountable for its violation of the law. According to Batas Pambansa Blg 130 “Section 2. Notice
of Dismissal” it is started there that any employer who seeks to dismiss a worker hall furnish him
a written notice stating the particular acts of lapse constituting the grounds fir his dismissal. In
cases of abandonment of work, the notice shall be served at the worker’s last known address.
Whereas, “Section 6. Decision to dismiss” states that the employer shall immediately notify a
worker in writing of a decision to fire him, describing the reasons clearly.

2. Do you agree with the decision of the court? Why or why not?

Yes, the company and the court’s dismissal were definitely reasonable and clear, just an
authorized case and was done without prejudice because Melva Nath violates the rules and
regulations imposed by the establishment. Being undisciplined at workplace alone can be a
ground to terminate the contract or work, and she was continuously unwilling to break such
restrictions. Furthermore, Nath was in a supervisory position and was not simply an average
employee she had many obligations to complete and ought to be obeying guidelines. Given the
lack of experience in her profession, her sickness and the absence of help in providing
computers and secretary may be justified, but not absolute, in defending the case. Because she’s
just unwell for weeks, but her performance as probationary room director was underperformed.
Nath was the last person spotted in any room herself and be a part of the investigation, but she
chose to remain silent, which could have aided in resolving the concerns.
3. Why do you think tourism-related establishments are more prone to labor cases than other
industries?

The tourism and hospitality industries are labor-intensive, meaning that employees may tend to
labor without being paid or underpaid and without the benefits acquire. Wage/benefits is one
aspect that pushes employees to work better because of their goals and wants. Establishment,
particularly in the hospitality business, such as hotels, are defined by seasonality, predominantly
for 24-hour operations which means that staff may likely to have prolonged working hours and
more submissions, which must be passed before the deadline. Being noted that the sector is
labor-intensive and the causes listed above, another problem is the distribution of resources
such as tools and equipment may not be equally distributed to all employees that employees
may fall short other employer’s performance expectations. All business has rules and policies
that all must follow by, but unlike other industries that concentrate decision-making, tourism-
related establishment immediate decision making that most employees should take, as they are
directly connected with customers, more likely to make mistakes.

4. Research/Develop labour best practices for tourism and hospitality entities to prevent, like the
case mentioned above, from happening.

 Companies providing a formal employment contract


The Tourism and Hospitality Industry serves as a vital Instrument for a country’s
economic development and employment generation. In terms of gross revenues and
foreign exchange earnings, these two industries are the biggest service industry in local
and also in global. However, there are times that these industries ae using one-sided
approach like for example, hotels are gradually using casual or part-time workers for
long-term staffing solutions. Apparently, the benefit of it is to have a greater efficiency,
however, it also indicates that they ae just avoiding to pay benefits and just creates a
flexible workforce that can be laid off when occupancy is low. Workers on temporary
contracts, probationary and no contract are vulnerable to mistreatment and unfair
dismissal. Therefore, providing a full or legit contract will prevent the company on
abusing their power to have a productive employee that are not properly compensated
or treated by them. Since there are already a full contract, singing an alleged application
for employment where it is not a valued contract at all and does not state the terms of
employment or wages will be avoided sine the employees will now have the knowledge
as there is a statement of the terms and conditions of employment and also there are a
copy of agreement given to them.

 Screening (Safety and Security of Persons)


For employees, strict assessment and screening of all recruited employees and
applicants as well as their backgrounds to ensure that that don’t have any past record
that can be a subject to theft or any bad issues. Any employees must submit Police, NBI
and Barangay clearance along with the other necessary documents as part of the
company’s protocols in hiring or recruitment. A detailed record of all employees of their
work business and personal references should be checked before the employe id hired.
Part of it was also manning of gates to restrict entry and exits of goods as well as to
grope any employees who enter the premises. Employees will always have to present
their IDs to enter the premises. Security guards have shift schedules to work 24 hours to
provide maximum security for both employees and guest. For guest, any entries and
exits of goods of people and guest will be inspected manually by hand or shall pass
through machines and or metal detectors that automatically detects undesirable and
stole objects. Any suspicious guest will be in query, hotels can choose if they only will
allow people that ae relative or connected to the hotel guest.

References:
G.R. No. 122866. (n.d.). https://lawphil.net/judjuris/juri1997/jun1997/gr_122866_1997.html
Arora, A. (n.d.). Safety and Security in the Hospitality Industry - Challenges and Possible Counters.
www.linkedin.com. https://www.linkedin.com/pulse/safety-security-hospitality-industry-challenges-
possible-aman-arora?trk=pulse-article
Delong, W. (2015, May 19). Employment Contract.
https://www.sec.gov/Archives/edgar/data/1320729/000137647415000176/ubi_ex10z6.htm

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