Day 140 - 22 Jun 95 - Page 34


     
     1        A.  I am not sure I follow what you are asking.
     2
     3   Q.   From what other source can someone from the Company see how
     4        many hours the crew have been working?
     5        A.  It would come off the computer.  It is fed into the
     6        computer, and it comes off the computer.
     7
     8   MR. JUSTICE BELL:  I think you may be at cross purposes.  You
     9        just said:  "Franchisees do not have to make payroll
    10        records"?
    11        A.  That is correct.
    12
    13   Q.   That may of course not deal with whether, as it happens,
    14        they are willing to most of the time if asked.  You have
    15        not been asked about that yet.  What you are being asked at
    16        the moment is where would you get ---
    17        A.  The Company.
    18
    19   Q.   Yes -- details of pay, unless it came off a franchisee's
    20        payroll record, computerised or otherwise?
    21        A.  OK.  The last part, I do not understand what you are
    22        saying.  Are you saying the licensee's records -----
    23
    24   Q.   Yes.
    25        A.  How would I get the licensee's records?
    26
    27   Q.   Yes.
    28        A.  OK.  I misunderstood.
    29
    30   Q.   Or how would you get the information which is on those
    31        records?
    32        A.  They would have to physically, as they did for us and
    33        TFP & C -- some of them for us, not all of them -- they
    34        have to physically get their payroll records and send them
    35        to us; that is how we would get them.  We do not have them
    36        on our computer, if that is the question.
    37
    38   MS. STEEL:  That is a routine matter, is it?
    39        A.  Excuse me?
    40
    41   Q.   That is routine that they send the payroll records?
    42        A.  No, it is not.  It is highly unusual.  We do not keep
    43        information like that of our owner/operators.
    44
    45   MR. JUSTICE BELL:  I think what you are saying is that you have
    46        no right to demand them, but if on some special occasion
    47        you ask for them, they are normally given to you?
    48        A.  That is correct, my Lord.
    49
    50   MS. STEEL:  Within the store, where does an owner/operator or 
    51        manager keep a record of the hours that crew are working, 
    52        have worked within ----- 
    53        A.  It depends upon if they have a computerised system or
    54        just a ledger system, a hand system, or it depends upon if
    55        they use a payroll service, an outside payroll service.  It
    56        will vary.
    57
    58   Q.   Would it basically be found within payroll information?
    59        A.  I am not sure I understand what you are asking.  We are
    60        talking about payroll information.

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