NextGen Day

MANILA, Philippines — The Court of Appeals (CA) lowered a hotel employee’s alleged illegal activities of eating noodles while on duty from a serious offense to an “infraction.”

The National Conciliation and Mediation Board (NCMB) decision in the 2018 case between Manila Peninsula Supervisors Chapter-Nuwhrain (National Union of Workers in the Hotel, Restaurant, and Allied Industries) and its member, Wilgilmina Abalos, and employer, the Peninsula Manila/Hongkong, and Shanghai Hotels Ltd. was overturned by the appellate court’s second division.

The purported loss of trust and confidence against Abalos, according to the CA, “is not grounded on any solid foundation.”

“Her mere act of eating cup noodles during office hours while inside the restaurant premises, while wrong, cannot be regarded as a significant infraction that warrants a final written warning, which is one step away from dismissal,” the appellate court stated in a recent order.

Instead, the tribunal found her responsible for violations classified as “infractions” under the Peninsula Manila’s House Code of Discipline, which is punishable by documented coaching and counseling.

Abalos joined the hotel in 2005, rose through the ranks to supervisor in 2013, and was named officer-in-charge of the Old Manila Restaurant in 2017.

Yuki Takimura, the hotel’s assistant director of food and beverage, noticed Abalos eating a cup of noodles while the restaurant was still open on March 17, 2018.

Abalos received a notice of disciplinary action on May 10, 2018, which acted as a final written warning after she was found guilty of major offenses such as egregious and habitual neglect, inefficiency in the performance of one’s duties, and incompetence.

The hotel, as an employer, has the ability to regulate all areas of employment, according to NCMB, as long as management prerogatives were utilized in good faith.

The union and Abalos then requested a penalty reduction, which was denied, causing them to appeal to the CA.

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