Day 207 - 23 Jan 96 - Page 45


     
     1
     2   MR. JUSTICE BELL:  If I was an advocate, I might be doing the
     3        same thing to try to bias the judge in my favour, but that
     4        is another matter altogether.
     5
     6   MR. MORRIS:  Of course, we would never do that ourselves. The
     7        point is, though, that these are evidence that there were
     8        complaints on a number of matters in the McDonald's chosen
     9        system for allowing their employees to air their
    10        grievances.  So, this is evidence that complaints were
    11        being made ---
    12
    13   MR. JUSTICE BELL:  Yes.
    14
    15   MR. MORRIS:   -- and how McDonald's responded to them is -- we
    16        are asking the witness.
    17
    18   MR. JUSTICE BELL:  I take that point.  What you must be very
    19        careful is that you do not go on and say:  "This is
    20        evidence that the complaints are true", because if one was
    21        standing in the street and you got complaint after
    22        complaint after complaint, you might be tempted to say that
    23        there is no smoke without fire, but, as a judge, I do not
    24        think I can say that.
    25
    26   MS. STEEL:   I understand the point, but I think they are also
    27        relevant to the point that Mr. Logan has made these
    28        complaints himself and the Company is saying that these
    29        things are not a problem.
    30
    31   MR. JUSTICE BELL:  We will see where we get to with Mr. Logan.
    32        You have obviously got it in mind but keep it in mind.
    33
    34   MS. STEEL:  Yes.
    35
    36   MR. JUSTICE BELL:  I would invite you always to ask, even if you
    37        end up getting the wrong answer:  "Do you agree that was
    38        the state of affairs?"
    39
    40   MS. STEEL:  I do not mind doing that, although it is probably
    41        something of a waste of time.
    42
    43   MR. JUSTICE BELL:  But, you see, if you get the right answer, it
    44        does provide you with actual admissible evidence of the
    45        fact.
    46
    47   MS. STEEL:   Yes.  (To the witness):  If you just look at page
    48        232 which is 17th June 1994, rap session, about the middle
    49        of the page, in fact, just above "General Barometers", is:
    50         "What do you think are the main reasons why crew leave 
    51        McDonald's?"  It says:  "Hours, pressure and poor treatment 
    52        and unkept promises".  Would you accept that? 
    53        A.  No, I would not accept that crew are put under pressure
    54        and treated poorly.  Hours, I do not know what they mean by
    55        "hours" in this question.
    56
    57   Q.   If it was long hours -----
    58        A.  I mean, long hours, short hours, I mean, I do not
    59        really ......
    60

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