Rosario D.

Buencuchillo
BSHM202A

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

a. The company did not observe due process in the case. As it was stated on the
Jurisprudence, “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 THERE WAS NO CLEAR, INDEPENDENT,
AND SATISFACTORY EVIDENCE TO PROVE THAT PETITIONER'S WORK PERFORMANCE
WAS SUBSTANDARD.”
b. They didn’t give Melva Nath (Petitioner) the two-notice rule;
i. 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 at the worker's last known address.
ii. Sec. 6. Decision to dismiss. — The employer shall immediately notify a worker in
writing of a decision to dismiss him stating clearly the reasons therefor.

2. Do you agree with the decision of the court? Why or why not?
a. Yes, I agree with the decision of the court. For Nath is not entitled to reinstatement,
backwages, damages, or attorney's costs despite her dismissal being for reasonable and
permitted cause. As they held in Wenphil Corporation vs. NLRC, 12 the fact that the
employee was denied due process does not eliminate the reasonable reasons for her
dismissal. A contradictory policy may encourage the employee to perform even worse
and will make a mockery of the disciplinary standards that employees are expected to
follow. Under the circumstances, the employee's dismissal for fair reason must be
upheld.

3. Why do you think tourism-related establishments are more prone to labor cases than other
industries?
a. Without a question, the tourist industry is one of the most fragile and prone to
disasters. Natural disasters, diseases, mismanagement, and terrorist attacks are just a
few of the recent important events that have had a terrible influence on the sector. The
tourist business is no stranger to crisis. In a labor-intensive business-like tourism or
hospitality, the majority of income is likely to come from wages and salaries paid to
individuals working in occupations that either directly serve the requirements of visitors
or profit indirectly from their spending.

To prevent the case as mentioned from happening again, employee engagement is critical for a
company's survival. Employees that are engaged are more productive in the workplace. If your
workplace is packed with productive employees, you may significantly decrease involuntary employee
termination. Imagine the employees' predicament after all their efforts and stress if they believe they
are not being acknowledged or recognized for their efforts. Employee recognition may have a beneficial
influence and increase motivation at work. The corporate culture expresses your organization's
individuality. It has a significant impact on staff retention. Employees would never want to leave a firm
with a positive corporate culture and would strive hard to avoid being fired. Improve your employees'
performance by upskilling them. Train them on a regular basis and foster a culture of learning and
unlearning. Be a corporation that wants to develop alongside its employees rather than outgrow them.
Try to keep staff terminations to a minimum. With technological innovation, talent management has
become simple; use it wisely. Accept these adjustments and prepare to handle employee termination
properly.

Sources:
https://lawphil.net/judjuris/juri1997/jun1997/gr_122866_1997.html#rnt1

https://www.peoplehum.com/blog/employee-termination#

https://blr.dole.gov.ph/2014/12/11/termination-of-employment/