Day 121 - 04 May 95 - Page 18
1 A. Yes.
2
3 Q. -- and someone tries to come to a fair decision?
4 A. That is right.
5
6 Q. From time to time it will turn out to be an unfair
7 decision; you have to look at what has actually happened on
8 that occasion?
9 A. That is correct, my Lord. I would think it would be an
10 inappropriate line of action to take, but I am not going to
11 say it has not happened. It depends upon the
12 circumstances, what action we would take when it came to
13 our attention.
14
15 MS. STEEL: Whether or not the workers said they could not stay
16 late. If they said: "I do not want to say. This is how
17 late I can stay" or "I have got no desire to work later
18 than this." I cannot say to you: "I fancy coming in" or
19 "I fancy staying an extra hour". It is not a two-way
20 thing, is it? The crew cannot say to the manager:
21 "Tonight I fancy doing an extra hour. I demand that you
22 let me stay an extra hour and pay me an extra hour"?
23 A. No, they cannot say that. They can ask to work the
24 extra hour, and if the Manager feels that that would be a
25 productive hour unit for the store, he would let them
26 stay. If he did not feel it would be a productive hour
27 unit for the store he would probably say: "I am sorry
28 I cannot do it".
29
30 Q. So why should crew members be expected to stay late if they
31 do not want to?
32
33 MR. JUSTICE BELL: Are they?
34 A. I do not think they are. No, let me put that in a more
35 positive way. No, they are. There may be circumstances.
36
37 MS. STEEL: It is in the contract?
38 A. There may be circumstances where a manager has a reason
39 for asking crew to stop on. I would have thought, with the
40 staffing of our restaurants, the number we have there, they
41 would almost inevitably find someone who wanted to stop on
42 for extra hours.
43
44 Q. Sometimes there are not people, or there either are not
45 people or are not enough people who want to stay extra
46 hours?
47 A. I do not know.
48
49 Q. It is in their contract they do have to stay on for extra
50 hours, whether or not they want to; is it not?
51 A. Can you direct me to that?
52
53 Q. Do you know or not?
54 A. Offhand I do not. I do not believe it does. I would
55 like you to direct me to it.
56
57 Q. It is in the Crew Handbook?
58 A. Which is?
59
60 Q. Pink XI.
