Day 139 - 21 Jun 95 - Page 61
1 proceedings would have shut him up anyway?
2 A. If we were successful, my Lord. A big "if".
3
4 MR. MORRIS: On what grounds could you take out default
5 proceedings?
6 A. On quality, service and cleanliness of those
7 restaurants.
8
9 Q. So it is not a condition of the franchise agreement that he
10 be in the country?
11 A. Not a specific condition. It has been a custom and a
12 practice because we expect full-time and best efforts.
13 That is a requirement, and if you do not move to a country
14 there is no full-time and best efforts if you are four,
15 four and a half hours away by aeroplane.
16
17 Q. But you said before when referring to the franchise
18 agreement, with franchise agreements that is absolutely the
19 letter of the arrangement and the oral and cultural----
20 A. What I am saying to you is ----
21
22 Q. -- relations?
23 A. -- is the practice as I know it within the
24 organisation, I think I meant; we started out this morning
25 talking about franchise agreements. I am not an expert on
26 franchise agreements. I do not deal in that area. I do
27 not work in that area. You are asking me, I believe, what
28 is the practice that I am aware of within the
29 organisation.
30
31 Q. Mr. Miller bought his franchise in 1974; when did he --
32 when did you finally finish -- when did you decide to take
33 out default proceedings?
34 A. Default proceedings had been under way, to my
35 knowledge, under way with Mr. Gibson for a good two years
36 prior to Don Miller acquiring the restaurants.
37
38 Q. Yes, but Mr. Miller was the new franchisee?
39 A. Correct.
40
41 Q. And he had invested lots of money. How long from when he
42 took over in 1974 until eventually it closed down? Was
43 that 1975?
44 A. I believe so.
45
46 Q. Right. Mr. Miller had indeed recognised the union, had he
47 not?
48 A. Yes, he did.
49
50 Q. It failed to stop, though, the dispute and the union was
51 still present?
52 A. The dispute was over. Once he recognised the union,
53 the dispute was over. There was no further dispute.
54
55 Q. The union was there?
56 A. That is correct.
57
58 Q. He had no other way of, basically, getting rid of the union
59 without closing all the stores down, and that is what the
60 corporation wanted, was it not?
