Day 121 - 04 May 95 - Page 44


     
     1   MR. MORRIS:  It is No. 28.  It says 28 and it is the second
     2        page.
     3        A.  Yes.
     4
     5   Q.   There is a letter here printed which, if you notice, bolded
     6        on the second column at the bottom it says:  "McDonald's
     7        Hamburger Limited".  If you read -----
     8        A.  Sorry, say that again?
     9
    10   Q.   Sorry, in the second column on that second page under "Big
    11        Mac hits out" ---
    12        A.  Yes.
    13
    14   Q.   -- in the second it says, near the bottom:  "McDonald's
    15        Hamburger Limited"?
    16        A.  Yes.
    17
    18   Q.   There are various figures in there -- if you look at the
    19        paragraph above -- how many people are employed at the
    20        Gravesend store and the turnover figures and things like
    21        that.
    22        A.  Yes.
    23
    24   Q.   If you look on the left-hand side, it says, near the
    25        bottom, just above the last paragraph, the last sentence,
    26        it says:  "it is untrue he 'often worked for more than
    27        seven hours without any sort of break'.  He did so twice".
    28        A.  Yes.
    29
    30   Q.   To explain, there had been allegations the previous week
    31        from the crew member that he had worked regularly without
    32        breaks.  Does that happen from time to time ---
    33        A.  Does what happen?
    34
    35   Q.   -- that people might work for seven hours without a break?
    36        A.  I do not know.  I would not have -- I would have hoped
    37        it does not happen, but I cannot say hand on heart that of
    38        30,000 employees I would say that none of them ever did;
    39        I do not know.  I do not know what individual people worked
    40        in the individual stores.  It would be impossible for me to
    41        know what everyone was working.
    42
    43   MR. MORRIS:  I do not want to argue it now; do we need to get a
    44        Civil Evidence Act Notice to rely on that?
    45
    46   MR. JUSTICE BELL:  It is not evidence, just appearing in the
    47        newspaper.
    48
    49   MR. MORRIS:  If we give an indication that we will try to apply
    50        for that at some stage. 
    51 
    52   MR. RAMPTON:  I am not sure what Mr. Morris means.  I am sure 
    53        there has been -----
    54
    55   MR. JUSTICE BELL:  Does it not depend what you want out of it?
    56        I mean, if what you are asking for, if what you are
    57        seeking, is evidence that Richard Atkin in a period of 22
    58        months worked on two occasions for more than seven hours
    59        without a break, for all I know, that will be accepted on
    60        the basis that -- unless the newspaper has printed a letter

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