Day 259 - 10 Jun 96 - Page 52


     
     1        overtime; is that fair enough?
     2        A.  If they wanted me to make a calculation, be it on
     3        overtime or rates of pay or whatever, I was au fait with
     4        the procedure to do so.
     5
     6   Q.   But there was no procedure for calculating overtime, was
     7        there?
     8        A.  In which case I would not have been asked to do so.
     9
    10   MR. JUSTICE BELL:  We are just going round and round in circles
    11        now.
    12
    13   MR. MORRIS:  I do not think so at all.
    14
    15   MS. STEEL:   Did you ever actually make any calculations to do
    16        with overtime, in reality?
    17        A.  Of course, I must have done.  I worked there for seven
    18        years.  Someone would have at one stage -----
    19
    20   MR. MORRIS:  For crew members?
    21        A.  Yes, I would have been asked at some stage to check a
    22        crew member's payslip.
    23
    24   MR. MORRIS:  But there is no overtime -----
    25
    26   MR. JUSTICE BELL:  Just pause a moment.  Overtime can mean two
    27        things:  it can mean hours worked, let us say, over
    28        39 hours a week, or it can mean time and a quarter, or time
    29        and a half, or time and three-quarters, or double time.
    30        I have heard it used in both ways.  It can mean the time
    31        over whatever the basic hours per week is, or it can mean
    32        the increased rate.  Now, what was it that you had to
    33        calculate in relation to overtime?
    34        A.  I would have been asked to look at the rate of pay.
    35
    36   Q.   What?
    37        A.  I would have been asked to look at the rate of pay that
    38        had been adhered to specific hours.
    39
    40   Q.   Is your recollection that McDonald's paid time and a
    41        quarter or time and a half for periods over 39 hours, or
    42        what is your recollection?
    43        A.  My recollection -- and it is quite sketchy at this
    44        stage -- but we had different shifts and, depending on how
    45        many hours over and above 39, it may have been first paid
    46        time and a quarter and thereafter at time and a half.  But
    47        I do not really remember.  It is quite a long time ago, and
    48        it was not really my job to look at how many hours were
    49        being submitted, but more how they were being paid and the
    50        tax calculation thereon. 
    51 
    52   MR. MORRIS:  Would it come as any surprise to you that 
    53        McDonald's did not calculate and pay people as to time and
    54        a half or time quarter over 39 hours?  That has been
    55        established in this case.
    56        A.  My recollection of McDonald's payment methods were that
    57        people were paid for what they worked, and quite fairly,
    58        because we were governed by the Wages Inspectorate.
    59
    60   MR. JUSTICE BELL:  That is another matter.  But is your

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