Day 303 - 19 Nov 96 - Page 16
1 I work it out and everyone gets it, and there is still --
2 what you have done by not paying them time and a half is
3 brought them back near a minimum basic rate of pay which is
4 pathetically low.
5
6 MR. MORRIS: Yes.
7
8 MR. JUSTICE BELL: Is not that your case?
9
10 MR. MORRIS: Yes, but on top of that they cannot get their
11 overtime rate through the five and ten pence and premium
12 rates because those rates are so small compared to the time
13 and a half that they should be getting for the overtime, so
14 it will cut into any premium performance addition but it
15 will go below what they would be statutorily entitled to.
16 I think that has to be the case, and no doubt Mr. Rampton
17 will prove otherwise if he is capable of doing so. I am
18 sure he will not be able to do so because it is not
19 possible unless you work 39 hours at premium rate, or
20 something, before you started doing your overtime.
21
22 All I can say is that in the evidence of Denise Pearce she
23 states she thought people were being paid overtime for time
24 and a half, so she clearly did not have any knowledge
25 whatsoever of the reality relating to overtime, so I do not
26 know why she was called as a witness.
27
28 I am sorry for shouting, I express myself more clearly when
29 I get worked up about something.
30
31 The other thing is that if he said to her 'you were
32 satisfied', that does not mean anything. It might mean he
33 is satisfied with the help he has had, it might be he is
34 satisfied with McDonald's, you know, efficient statistical
35 information. That does not mean anything, it is hearsay,
36 and without calling him, which McDonald's could have done,
37 of course, we do not know, he might have been a very poor,
38 incompetent or even bent wages inspector, and I do not say
39 that to criticise him, I am just saying that might be the
40 case, we do not know.
41
42 We could not test his evidence, he might have actually been
43 very unhappy about things but did not like to say so
44 because he found people in the office so friendly. He
45 might have been finding filing critical reports about
46 McDonald's, we do not know, we have not been given any of
47 the documentation, because when we asked for it you said it
48 was not necessary. So, in other words, we have no primary
49 source of evidence whatsoever and the office that he
50 visited did not deal with overtime matters because nobody
51 in that office, according to Denise Pearce, dealt with
52 overtime as part of their responsibility.
53
54 So, I would say as to any relevant contribution whatsoever
55 to the discussion about McDonald's illegal failure to pay
56 overtime, I would say it is worse than useless.
57
58 MR. JUSTICE BELL: Quite frankly I believe Mrs Pearce there.
59 I do not think you are going to lose anything by not going
60 through her in detail.
