Melva Nath Case

Name: Dorothy N. Santiago Date: May 15, 2023..
Course & Year: BSTM-3 Subject: Legal Aspect
Instruction: Surf on the Internet and look up the case of Melva Nath versus Shangri-La Manila
Hotel, a deluxe hotel in Makati City. Melba Nath was the former director of rooms of the hotel
for only about two and a half months and was illegally dismissed by the hotel in September
1992. What are the lessons learned in this case? did the company observe due process in the
case? How can companies prevent cases like this to happen in the future? Do you agree with
the decision of the court? Why do you agree? Why do you not agree? Why do you think tourism-
related establishments are more prone to labor cases than other industries?
Case:
G.R. No. 122866
SECOND DIVISION
[ G.R. No. 122866, June 19, 1997]
MELVA NATH, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION,

SHANGRI-LA HOTEL MANILA AND AL WYMANN, RESPONDENTS.
DECISION
PUNO, J.:
On June 1, 1992, petitioner MELVA NATH started to work for private respondent SHANGRI-LA
HOTEL MANILA as Director of Rooms for probationary period of not more than six (6) months.
On June 1, 1992, petitioner MELVA NATH started to work for private respondent SHANGRI-LA
HOTEL MANILA as Director of Rooms for probationary period of not more than six (6) months.
Nath called up the hotel and left word that she was ill and could not report for work.
Nath informed Lalin... she would report for work on September 9, Wednesday.
Nath did not report on September 9. Lalin and Sales Director Gami Holazo visited Nath at her
residence. They relayed General Manager Al Wymann's message requiring Nath to report for work
and reminded Nath of her scheduled evaluation on September 11.
On September 10, 1992, Nath sent a letter to Lalin dated September 9
Issues:
What are the lessons learned in this case? did the company observe due process in the case? How
can companies prevent cases like this to happen in the future? Do you agree with the decision of
the court? Why do you agree? Why do you not agree? Why do you think tourism-related
establishments are more prone to labor cases than other industries?
A. What are the lessons learned in this case?
I recognized how crucial it is to understand the many forms of labor codes, particularly the
termination of employment under Article 282 of the Labor Code. Melva Nath, on the other hand,
ignored the fact that she can be terminated even without due process because she is not yet tenured,
but rather on probation. As a result, there is no certainty that she will be eligible for the position
right away. If she meets all of the requirements, it will reflect on her work performance.
B. Did the company observe due process in the case?
No, the company did not follow due process because Melva Nath is not on tenure and is just
on probation, whereas it is implemented under Batas Pambansa Blg. 130. Shangri-La Manila
Hotel, on the other hand, followed correct dismissal procedures, which state that "Any employer
who seeks to dismiss a worker shall furnish him with a written notice stating the specific acts
or omission constituting the grounds for his dismissal." In cases of labor abandonment, the
notice must be issued at the worker's last known address."
C. How can companies prevent cases like this to happen in the future?
To avoid such circumstances in the future, firms should educate new employees about the
subject matter, particularly the "Labor Code," and issue warnings to employees who commit
willful disobedience and serious misconduct. They must have defined work etiquettes/policies
for employees to abide.
D. Do you agree with the decision of the court? Why do you agree? Why do you not
agree?
Yes, I agree with the court's conclusion since it is justifiable, regardless of how specific the
Labor Code was. Melva Nath clearly did not satisfy the requirements set by her company in
terms of work ethics and performance.
E. Why do you think tourism-related establishments are more prone to labor cases than
other industries?
Tourism-related enterprises, in my opinion, are more prone to labor problems because they
lack flexibility, since certain tourism sectors run 24 hours a day, resulting in employees having
long and irregular working hours, including evenings, nights, and holidays. Furthermore, tourism
sectors recruit temporary workers to save money by not having to worry about how much time and
money it will take to train new staff members. Indeed, we have several tourism sectors such as
hotels, motels, restaurants, bars, clubs, offices, and so on. We cannot ensure complete safety
because they are open in having an interpersonal interaction with customers as to being
"hospitable" playing the role of "a customer is always right" they can be prone to sexual harassment
by their clients or, worse, by their coworkers. Thus, it is inevitable for them to disregard some of
the Labor Code because they work in an open environment with varied cultural individuals.
Indeed, tourism and hospitality are two of the world's greatest industries, with a wide range of
human behaviors and so forth. They are, after all, human beings who are not flawless and can make
mistakes. They may be prone to labor code violations; perhaps it is for their own sanity as well.

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Name: Dorothy N. Santiago Date: May 15, 2023..

Course & Year: BSTM-3 Subject: Legal Aspect

G.R. No. 122866

[ G.R. No. 122866, June 19, 1997]

MELVA NATH, PETITIONER, VS. NATIONAL LABOR RELATIONS COMMISSION,

A. What are the lessons learned in this case?

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

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