DUSIT HOTEL NIKKO, petitioner vs. RENATO M. GATBONTON, respondent.

GR. NO. 161654, MAY 5, 2006

QUISUMBING, J.:

Facts
 On November 21, 1998, defendant Renato M. Gatbonton was employed as Chief Steward
in petitioner Dusit Hotel Nikko's Food and Beverage Department. He then signed a three-
month provisional employment agreement until February 21, 1999 with a recurrent salary
of P25,000. At the start of his employment, the standards by which he would be measured
to succeed for fixed occupation were clarified to the defendant.
 The hotel however alleged at the end of the probation period, Ingo Rauber, Director of its
Food and Beverage Department, observed that Gatbonton failed to meet the prerequisite
criteria for the job of being a Chief Steward.
 On March 31, 1999, an announcement of cessation of provisional employment in effect
April 9, 1999, on beyond apparent grounds was aided on Gatbonton. On April 12, 1999,
he filed a protest for illegal dismissal and non-payment of wages.

Issues:
Whether or not the respondent was still a probationary employee at the time of his dismissal.

Ruling:
 The supreme court detained as per the Article 281 that states “a probitonary employee
can be officially dismissed either: (1) for a just cause; or (2) when the employee was not
able to meet the qualifying standards as a worker in the company in line with the
supposed sensible principles made known to him by the company at the start of the
employment. Nevertheless, the power of the company to dismiss an employee on
probation is not without limitations. The power must be used only when the limit of a
certain requirement of the contract and the displeasure of the company towards the
employee must follow the requirements as well as the law. Thus, there should no be
improper discernment in the dismissal.
 Since the respondent was not discharged for a just or authorized cause the dismissal was
illegal and is permitted to return without loss of preeminence rights and other benefits as
an employee. The court therefor, decided that the prompt petition for review is DENIED.
The Conclusion of the Court of Appeals in CA-G.R. SP No. 73296, which upturned the
Purpose dated September 24, 2001 of the National Labor Relations Commission,
is STATED WITH the ALTERATION that the order for payment of unpaid salaries
is REMOVED.
References:
Dusit hotel nikko vs GATBONTON case digest. (n.d.). Academia.edu - Share research.
https://www.academia.edu/31611237/DUSIT_HOTEL_NIKKO_vs_GATBONTON_Case_Dige
st