Day 072 - 12 Jan 95 - Page 47


     
     1
     2   MR. JUSTICE BELL:  I did not have that.
     3
     4   MR. RAMPTON:  No, it is on the back.  I do not know if the
     5        witness has got one.
     6
     7   MR. JUSTICE BELL:  Do you have one?
     8
     9   THE WITNESS:  No, sir.
    10
    11   MS. STEEL:   To be quite honest, I find it very hard to swallow
    12        Mr. Rampton's line that they did not know this was in
    13        existence since the version from the mid-80s was in our
    14        documents; it is a widely used document in the Plaintiffs'
    15        stores.  Mr. Nicholson has been sitting in court virtually
    16        every day of this trial and has been heavily involved.
    17        I cannot see any reason why these have not been disclosed
    18        previously.
    19
    20   MR. JUSTICE BELL:  We will see.  Do you want to ask about this
    21        one then?
    22
    23   MS. STEEL:  Yes.  The observation check lists are for crew
    24        members, are they not?
    25        A.  And training managers, anyone that -----
    26
    27   Q.   And training managers as well?
    28        A.  Yes.
    29
    30   Q.   They are the basis for pay rises, is that right?
    31        A.  Not the basis; they are part of the pay rise system,
    32        the performance reviews.
    33
    34   Q.   The crew members have to get over a certain percentage or
    35        they will not get a pay rise?
    36        A.  No, that is not true.
    37
    38   Q.   That is not true?
    39        A.  They do not have to get -- to pass an OCL there is a
    40        pass mark at the bottom right-hand corner of the OCL, and
    41        if they fail it then, I would not be able to work out the
    42        mathematics but they could certainly still get a pay rise.
    43        It is weighted.  There are two sections to the performance
    44        review which relate to the pay rise.  One section is on
    45        their performance using the observation check list; the
    46        other section is on their personal attributes.
    47
    48   Q.   There are a number of these OCL's, are there not, I do not
    49        know, how many is it, eight, nine, 10, something like that?
    50        A.  I am not exactly sure of the exact number, but I would 
    51        say there were approximately 12 to 15.  I would have to 
    52        check that.  It covers all areas in the restaurant. 
    53
    54   Q.   You say that pay rises are not dependent on these at all?
    55        A.  Not dependent, no, but they are part of the pay rise.
    56
    57   Q.   What happens if someone -----
    58
    59   MR. JUSTICE BELL:  I do not think you did say they are not
    60        dependent on it at all; they are dependent on these and

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