Day 207 - 23 Jan 96 - Page 13


     
     1        right on that page, you see.
     2
     3   MR. MORRIS:  Right.  If they have not got it right, they are
     4        either breaking the law or at least they are breaking the
     5        policy of the Company, the Company's recognition of the
     6        law.
     7
     8   MR. JUSTICE BELL:  Bear in mind what I have said, because if
     9        there is a provision which says that if you are working
    10        from 7.00 until 3.00 or 8.00 to 4.00, or whatever, you are
    11        not only entitled to a three-quarter hour break by law, but
    12        you must have it.  "It shall be allowed between the hours
    13        of 11.30 and 2.30."  Then it may add to the general common
    14        sense point which you want to make about not making people
    15        take their breaks right at the beginning of their shifts or
    16        right at the end.
    17
    18   MR. MORRIS:  Yes.
    19
    20   MR. JUSTICE BELL:  So you have to look it up and make sure you
    21        have it right.
    22
    23   MR. MORRIS:  It does say at the bottom of that list of points
    24        under "no two breaks", which is the last column on the
    25        right, which in this case was accurate, according to them,
    26        the ones they checked:  "Where the employee has worked
    27        between the hours of 11.30 to 7.00, employees did not
    28        receive second break entitlement".  That is what you were
    29        saying something about in some cases you are entitled to a
    30        second break, yes?  I think the implication there is that
    31        if you work both during the lunchtime and the teatime, then
    32        you are entitled to a second break, yes?  That is what it
    33        says there, is it not?
    34        A.  That is what it says.
    35
    36   Q.   Right.  On page 171, can I ask you a question:  do you look
    37        back over previous audits to see how the store has
    38        progressed from previous times?
    39        A.  The Store Manager would; it depends on the person
    40        responsible for the area, say, personnel administration or
    41        administration of certain aspects within the store that
    42        would be broken down into individual responsibilities for
    43        various Managers, and then that would be co-ordinated by
    44        the Store Manager with the individual Assistant Manager
    45        responsible.
    46
    47   Q.   Right.  So, are the store audits kept in a special store
    48        audit file, or something like that, to be able to be looked
    49        at?
    50        A.  They are kept in a store audit file. 
    51 
    52   Q.   How many years does that go back, approximately? 
    53        A.  I cannot answer the exact figure, but it is kept within
    54        the file because I have not checked the last date when the
    55         -----
    56
    57   Q.   No, was it about five years, something like that?
    58        A.  For audits?
    59
    60   Q.   Yes.

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