Day 006 - 05 Jul 94 - Page 65
1
MR. MORRIS: There is no reservation, with respect. It is just
2 that McDonald's failed to bring a witness to refute; that
is their problem.
3
MR. JUSTICE BELL: Yes, but he says: "For that reason I have
4 to find that the dismissal was unfair".
5 MR. MORRIS: Yes. It means the company basically conceded
because they did not attend.
6
MR. JUSTICE BELL: What can Mr. Preston add to that?
7
MR. MORRIS: I want to say that he was not aware of that. If
8 that happens in this country, would you take that
situation seriously?
9 A. I do not dismiss people for joining a union. It is
their right to join a union, if they so choose. It is
10 nothing to do with me. That is solely their choice.
I said that four or five times now.
11
Q. If some people express an interest in joining a union?
12 A. Then they should join.
13 Q. Why does the company not explain about the right to join a
union?
14 A. Their rights to join a union are fully explained.
15 Q. In the crew handbook?
A. I am sorry, I take exception to that completely. Their
16 rights to what they can and cannot do are fully explained.
17 Q. Can we get a copy of the crew handbook and then see if it
is in there? Is it explained in the crew handbook?
18 A. I am not sure, but their rights as to what they can
and cannot do are fully explained. I believe there are
19 notices on bulletin boards -- certainly have been in the
past -- I need some help here myself, but their rights to
20 join whatever they want are known, as are my rights to
recognise whom I wish or do not.
21
MR. JUSTICE BELL: There may be two issues among others. The
22 first is whether McDonald's objects to employees joining a
union; the second may be whether, if employees happen to
23 be members of a union and have joined a union, whether
McDonald's is prepared to negotiate with their union as
24 representative of its employee members?
A. I accept that.
25
Q. So far, it has been put to you, or I think it has been put
26 to you, that McDonald's objects to employees joining a
union?
27 A. Well, in terms of the British organisation an
employee's rights are perfectly clear, what they can or
28 cannot do. As to joining a union, by law they are
entitled to; they can do if they so choose.
29
Q. I should have said there may be a third issue which looks
30 as if it has reared its head in Iceland, which is if
employees are members of a union, whether McDonald's is
