Day 187 - 13 Nov 95 - Page 13


     
     1
     2   MR. JUSTICE BELL:  It did not matter,, but there are situations
     3        where it might.
     4
     5   THE INTERPRETER:  OK.
     6
     7   MR. MORRIS:  One final question on that.  He said it was an
     8        example.  Without giving details, were there other examples
     9        of people not being paid the minimum rate, official minimum
    10        rate?
    11        A.  He said, yes, there are several.
    12
    13   Q.   (5): "Numerous overtime hours were not paid."  I know what
    14        this means, and it does need some explanation.  Can he
    15        explain what he means by overtime hours not being paid?
    16        A.  In France, wages are calculated bi-weekly, so the
    17        workers were paid for eight hours of work, where in fact
    18        they were working 11 or 12 hours.  They were not paid for
    19        this difference.  It is for this that, in his statement,
    20        I say to my Manager that I am owed 855 hours of overtime.
    21        This does not only affect me, it affects several other
    22        workers.
    23
    24   Q.   These points we have just heard, these six points, were
    25        they subject of legal judgments later?
    26        A.  Yes.  He said he has brought -- I have brought all the
    27        judgments with me in this sheet of papers.  All these
    28        rulings were made in favour of the workers.
    29
    30   Q.   I am sorry, I did not read out the last one; I missed that.
    31
    32   MR. JUSTICE BELL:  Carry on reading.
    33
    34   MR. MORRIS: "Taxi fares for those working after midnight were
    35        not reimbursed, contravening the convention.  The
    36        management refused to take notice of these serious problems
    37        and I decided to circulate a petition amongst the
    38        employees."
    39
    40        Can I just ask, is that the petition which has been
    41        disclosed?
    42
    43   MR. JUSTICE BELL:  Well, keep away from the documents.  I do not
    44        think I am handicapping you, actually, but the fact is
    45        I made a ruling about that.  If, for instance, Mr. Rampton
    46        were to suggest that there was not a petition, then in
    47        re-examination we might see it.  But a lot of these things
    48        which you are seeking to verify may not be challenged,
    49        either because they are agreed or because Mr. Rampton
    50        cannot challenge them. 
    51 
    52   MR. MORRIS:  Without looking at any documents, a simple 
    53        question:  was McDonald's France aware of these complaints?
    54        A.  Yes.
    55
    56   Q.  "A Supervisor called me to a meeting in his office."
    57
    58        Can I just say, actually, it might be an important time to
    59        look at the document about the hierarchy -- I think that is
    60        quite crucial -- which is B2.

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