DIRECT

Q: Can you introduce yourself to the court?

A: My name is Andrew (HR), I am HR manager of The Big 5 Comany.

Q: How long have you been the HR manager of the The Big 5 Company?

I've been with the company for 15 years. I started with the company as HR head for recruitment.
That was for 10 long years then I got promoted. This is now my 5th year as HR manager for The
Big 5 Company.

Q: How do you know Procopio?

A: I knew him back when I was still a junior in HR recruitment team. There was no formal
interaction back then. All I know was He is the union President. That's it. When I became head
of the HR department, I frequently interact with him in relation to his designation as the Union
president. We see each other usually in meetings on and off the company premises usually for
job related matters and sometimes in company social events and birthdays and the like.

Q: How do you describe him professionally in terms of his performance in the workplace and his
attitude and behavior towards work?

A: Mr. Procopio has been consistently meeting the performance metrics set by the company in
terms of quota and he is always on time for his deliverables. He displays good attitude towards
his work for not being absent though there may be instances of tardiness but such will not merit
any sanctions as it is within the tolerable limit based on the company playbook.

He is always assertive in terms of changes in the company processes and very straight forward
in airing out his concerns to the management. That is why, I guess, my personal opinion; he
was elected as Union President.

Q: How about his relationship towards his colleague and towards the management?

A: Towards his colleague, well, as Union President, I think that says it all. As far as his
relationship with the management, as I have said he is quite assertive and very straight
forwards to air out his concerns to the management.

Q: Can you state, as far as your records are concerned, aside from the current issue at hand, if
there any derogatory report filed against him by his colleague or his direct supervisor?

None, this is the first.

Q: Can you tell this court the process and progression of sanctions imposed upon erring
employees in The Big 5 Company?

A: These are all laid down in the Company’s Rules and Regulations; we normally call it
Company rulebook.

Q: In your knowledge as HR Manager, how many employees have a copy of this rule book and
how is this accessed inside and outside the company premises?
A: We do not furnish this book to employees; however, this is available in the office for every
employee. We also made aware that all supervisory employees who handle team must be
aware of this and shall be the duty to educate every employee and to direct every possible
question that they can’t answer to us.
Though the book is accessible in the office, the employee must read it not during the hours that
they must be engaged in work but during breaks or lunch time. We do not let employee to bring
this outside company premises.

Q: As an HR Manager, how would you classify the offence allegedly committed by Procopio?

A: As per the company rule book, theft of the company property constitutes a serious
misconduct grounds for termination.

Q: Granting arguendo that such offense in classed as theft which shall be a ground for
termination, how should a company proceed with of termination process?

A: An employee who was found to have committed any act which constitutes terminable offense
shall be terminated following the rules and procedure stipulated in the company rule book.

Q: Can you walk us through the process of termination of an employee found to be guilty of a
terminable offense based on the company rule book?

A: Basically, for just causes such as theft falling under the category of serious misconduct, the
employee concerned must be made aware of the report by furnishing him a copy of such report
giving him the opportunity to explain himself. Such will then be subject to admin hearing, then if
found guilty, the concerned employee shall be furnished with a notice of termination.

Q: In your experience as HR manager, in cases such as this, what is the turn-around time
before the employee can be considered separated from the company from the date the report
was made? (A week, months, 2 or 3 months)

A: That normally would depend on circumstances involved or the gravity of offense.

Q: In your experience as an HR manager, what are possible instances or circumstance where

the termination process is expedited where the ground cited is serious misconduct such as
theft?

A: If its serious misconduct as the ground cited for termination, due process must be complied,
as provided in the Company Rule book. We don’t expedite termination process. It’s against
company policy.