Day 303 - 19 Nov 96 - Page 16


     
     1        I work it out and everyone gets it, and there is still --
     2        what you have done by not paying them time and a half is
     3        brought them back near a minimum basic rate of pay which is
     4        pathetically low.
     5
     6   MR. MORRIS:  Yes.
     7
     8   MR. JUSTICE BELL: Is not that your case?
     9
    10   MR. MORRIS:  Yes, but on top of that they cannot get their
    11        overtime rate through the five and ten pence and premium
    12        rates because those rates are so small compared to the time
    13        and a half that they should be getting for the overtime, so
    14        it will cut into any premium performance addition but it
    15        will go below what they would be statutorily entitled to.
    16        I think that has to be the case, and no doubt Mr. Rampton
    17        will prove otherwise if he is capable of doing so.  I am
    18        sure he will not be able to do so because it is not
    19        possible unless you work 39 hours at premium rate, or
    20        something, before you started doing your overtime.
    21
    22        All I can say is that in the evidence of Denise Pearce she
    23        states she thought people were being paid overtime for time
    24        and a half, so she clearly did not have any knowledge
    25        whatsoever of the reality relating to overtime, so I do not
    26        know why she was called as a witness.
    27
    28        I am sorry for shouting, I express myself more clearly when
    29        I get worked up about something.
    30
    31        The other thing is that if he said to her 'you were
    32        satisfied', that does not mean anything.  It might mean he
    33        is satisfied with the help he has had, it might be he is
    34        satisfied with McDonald's, you know, efficient statistical
    35        information.  That does not mean anything, it is hearsay,
    36        and without calling him, which McDonald's could have done,
    37        of course, we do not know, he might have been a very poor,
    38        incompetent or even bent wages inspector, and I do not say
    39        that to criticise him, I am just saying that might be the
    40        case, we do not know.
    41
    42        We could not test his evidence, he might have actually been
    43        very unhappy about things but did not like to say so
    44        because he found people in the office so friendly.  He
    45        might have been finding filing critical reports about
    46        McDonald's, we do not know, we have not been given any of
    47        the documentation, because when we asked for it you said it
    48        was not necessary.  So, in other words, we have no primary
    49        source of evidence whatsoever and the office that he
    50        visited did not deal with overtime matters because nobody
    51        in that office, according to Denise Pearce, dealt with
    52        overtime as part of their responsibility.
    53
    54        So, I would say as to any relevant contribution whatsoever
    55        to the discussion about McDonald's illegal failure to pay
    56        overtime, I would say it is worse than useless.
    57
    58   MR. JUSTICE BELL:  Quite frankly I believe Mrs Pearce there.
    59        I do not think you are going to lose anything by not going
    60        through her in detail.

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