Day 208 - 24 Jan 96 - Page 26
1 it says is that if you work for more than four hours on a
2 Sunday, you cannot work more than, effectively, six days in
3 a week. Yes?
4 A. Yes -- I was not aware of this.
5
6 Q. No, OK. "(D) When an hourly paid employee works on a
7 Sunday for four hours or less, he/she must receive half a
8 day off during that same week, where he/she finishes work
9 no later than 1.30 p.m." So, in other words, if you work
10 less than four hours on a Sunday, you have to have half a
11 day off but you have to finish by 1.30 in that half day
12 off. Were you aware of that one?
13 A. No.
14
15 MR. JUSTICE BELL: Were you aware of a distinction with regard
16 to Sunday regulations as to whether you are a full-time or
17 a part-time worker?
18 A. There is something to do with the rates of pay. If you
19 are a full-timer, I believe you get premium rates all day.
20
21 MR. MORRIS: We are going to assume that that is the law of the
22 land, unless it is challenged by Mr. Rampton at any stage
23 in the case.
24
25 MR. JUSTICE BELL: It is no use declaring that. I am sorry,
26 I do not mean to get short with you, but it is no use
27 telling me that because it may be a false assumption.
28
29 MR. MORRIS: I understand. We are going to make that
30 assumption.
31
32 MR. JUSTICE BELL: I think you have to do some looking up about
33 this. Can I just express it to you in this way?
34
35 MR. MORRIS: Yes, I understand.
36
37 MR. JUSTICE BELL: It will not be sufficient at the end of the
38 day to say: "This practice was illegal", and when I say:
39 "Well, you may well be right, but take me to the provision
40 which demonstrates that", it will not be sufficient to
41 say: "Well, please look at pink 11, tab 5, page 284",
42 because I will not be satisfied with that.
43
44 If what you are saying is: "It was contrary to Company
45 practice", then page 284 is sufficient to policy, then that
46 would be sufficient for your purposes, but if you are
47 saying it is a breach of the law, you have to go further.
48 If an argument to that effect crops up, and I say to
49 Mr. Rampton: "Do you agree that is the law?", if he says:
50 "Yes, I do", then that might well be sufficient. If he
51 says: "Well, to be quite candid, I have not checked that",
52 we are back where we were to start with.
53
54 MR. MORRIS: We would appreciate it if you did ask Mr. Rampton
55 at some stage. In fact, he may ------
56
57 MR. JUSTICE BELL: I do not know; I may do, I may not. On
58 matters of law like this, whatever obstacles you have in
59 your way, I think if you are going to say something is
60 illegal, you ought to prepare yourself on that to give me
