Dear Atty. Maan,

My cousin worked for a renowned cruise line as a service agent. Her most recent assignment was at the cruise ship's upscale dining establishment, where her responsibilities included aiding in the delivery of food and beverages to the ship's passengers.

Two incidents took place that resulted in my cousin's suspension. The initial incident occurred when she responded rudely to a passenger. The second incident involved her alleged display of behavior that was detrimental to the cruise line's reputation, as she was accused of showing disrespect and discourtesy to passengers.

Was her suspension valid based on the facts above? Hope you can enlighten us in this matter.

Rachel

Dear Rachel,

Based on the facts you presented, the management merely exercised their management prerogative to discipline employees.

To give you a better understanding, under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees (Peckson v. Robinsons Supermarket, G.R. 198534, 3 July 2013).

Further, the employer's right to discipline, in general, is the prerogative of the employer to discipline its employees and to impose appropriate penalties on erring workers pursuant to company rules and regulations

In the case of The Heritage Hotel, Manila v. Sio, G.R. 217896; 26 June 2019, the Supreme Court ruled:

"It is axiomatic that appropriate disciplinary sanction is within the purview of management imposition. What should not be overlooked is the prerogative of an employer company to prescribe reasonable rules and regulations necessary for the proper conduct of its business and to provide certain disciplinary measures in order to implement said rules to assure that the same would be complied with. An employer has a free reign and enjoys wide latitude of discretion to regulate all aspects of employment, including the prerogative to instill discipline in its employees and to impose penalties, including dismissal, upon erring employees.