Day 133 - 12 Jun 95 - Page 54


     
     1        does not matter; it can be picked up later if need be.
     2
     3   MR. RAMPTON:  Yes.  In fact, what appears to have been happened,
     4        looking at what I have on my calculator, is that the weekly
     5        averages have actually been divided by 39 rather than an
     6        hourly rate multiplied by 39.
     7
     8   THE WITNESS:  Yes.
     9
    10   MR. RAMPTON:  I say that because if you multiply the figures in
    11        brackets for the industry at large by 39, you get much
    12        greater variance in the weekly figure than if you divide
    13        the weekly figure by 39.  You get much closer to the hourly
    14        rate though you do not often get it exactly.
    15
    16   MR. JUSTICE BELL:  But are you saying that in relation to
    17        non-McDonald's?
    18
    19   MR. RAMPTON:  Yes, the non-McDonald's.  It looks as though the
    20        weekly figure has been taken and divided by 39 and rendered
    21        to the nearest decimal point.
    22
    23   MR. JUSTICE BELL:  Yes, thank you.
    24
    25   MS. STEEL:   I cannot actually find what I am looking at, but
    26        I will just clarify one thing:  So, the position basically
    27        is that if someone comes back within one or two months of
    28        leaving, then they may be taken on at the rate that they
    29        left at?
    30        A.  Yes, they may be.  That is quite usual.  There are,
    31        obviously, a number of factors to take into consideration
    32        but that would be quite usual.
    33
    34   Q.   If it is longer than that then they would just go back to
    35        the starting rate?
    36        A.  I think it would depend on the circumstances.  I would
    37        need to know more about the circumstances to comment any
    38        further.
    39
    40   Q.   I have a problem.  I mean, our witness, Joanne Bishop,
    41        restarted -- I cannot find out when she left, but I know it
    42        was within a matter of eight months at the most that she
    43        restarted.  She started at the basic rate.  So, is there a
    44        cut-off point?
    45        A.  Well, as I say, there are a number of factors and it
    46        would depend on her length of service, what she left as,
    47        what she was coming back as and various other things that
    48        would need to be considered in the light of a particular
    49        individual.
    50 
    51   Q.   Does the Company lay down guidelines on it? 
    52        A.  No, I do not think so.  I do not think I have ever seen 
    53        anything in writing in that way because it is something
    54        that is discretionary.
    55
    56   Q.   So some stores, may be they are all taking them back on,
    57        they are taking everyone back on at the minimum rate, the
    58        basic rate, and other stores they may be paying them more?
    59        A.  I think that is unlikely, because I think the guideline
    60        is clear, that you look at what the person was doing before

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