Day 143 - 27 Jun 95 - Page 60


     
     1   MR. MORRIS:  Is it true that a Geoffrey Miller in New Jersey in
     2        1991 worked for 15 months as a trainee franchisee?
     3        A.  I do not know this in detail and I do not have a lot of
     4        information on this, but this is a gentleman who wanted a
     5        McDonald's franchise.  This is not employee, a crew person,
     6        a Manager of McDonald's or anyone like that.  This was an
     7        individual who was attempting to become a franchisee and,
     8        as such, was doing some training in a McDonald's store.
     9
    10   Q.   He got no pay for the 15 months that he worked for
    11        McDonald's at that time?
    12        A.  He was doing ----
    13
    14   Q.   Training?
    15        A.  That is right.  He would not be paid.  He is doing this
    16        for his benefit; not for the benefit of the Company.
    17
    18   Q.   He accused the Company, did he not, well, he claimed that
    19        the Company gave him a positive evaluation until he started
    20        complaining about food, well, about hygiene conditions at
    21        a store in New Providence?
    22        A.  I have no knowledge of that at all.  The only
    23        involvement that my folks would have had was some enquiries
    24        by the Legal Department who has handling this matter
    25        concerning wage and hour matters.
    26
    27   Q.   So you did not investigate this situation?
    28        A.  I believe that the Legal Department asked us for an
    29        opinion to use in the court case whether or not there was
    30        any legal obligation under the Wage and Hour laws in the
    31        United States to consider Mr. Miller, an employee, versus
    32        someone who is in training to become an independent
    33        franchisee.
    34
    35   MR. JUSTICE BELL:  Whether he might have a claim to some
    36        remuneration?
    37        A.  That is correct, my Lord.
    38
    39   MR. MORRIS:  Has the court case occurred now?
    40        A.  Yes, it has.
    41
    42   Q.   What was the result?
    43        A.  It was dismissed.
    44
    45   MR. RAMPTON:  My Lord, I think the judgment or the court paper
    46        are at tab 107 of file 15.  I am not encouraging anyone to
    47        look at them but that is where they are.
    48
    49   MR. MORRIS:  I did not realise it had been resolved or lost.  If
    50        you go to a document in our additional list of employment 
    51        documents, if someone can help me where that would be in 
    52        the witness box? 
    53
    54   MR. JUSTICE BELL:  What is the number?
    55
    56   MR. MORRIS:  It is No. 5 of our current additional list.
    57
    58   MR. JUSTICE BELL:  It is immediately behind you, No. 1.
    59        A.  Yes, I have it.
    60

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