Day 122 - 05 May 95 - Page 41


     
     1        their wage by keeping tips?
     2        A.  No.
     3
     4   Q.   Which they might receive?
     5        A.  No.
     6
     7   Q.   Whereas in other restaurants that is a frequent occurrence?
     8        A.  I think it is in the sit-down meal restaurants where
     9        you have waitress service, I think that is right, yes.
    10        Whether everybody does or not, I do not know.
    11
    12   MR. MORRIS:  Just on that subject, there is a document in the
    13        Defendants' additional list -- I do not know if you still
    14        have that there?
    15        A.  Yes, VI.
    16
    17   Q.   The thin one.
    18        A.  Bundle VI yes.
    19
    20   Q.   It is document No. 8?
    21        A.  I have it.
    22
    23   Q.   No. 8, it is an article in the Sun newspaper, February 20th
    24        1995, about a McDonald's trainee Manager who was accused of
    25        not putting a 3 pence tip into the till straightaway, and
    26        was sacked for gross misconduct.  Are you aware of this
    27        actual situation?
    28        A.  No.
    29
    30   Q.   But if somebody did what it is claimed happened there, and
    31        did not put a 3 pence tip in the till, would it be fair to
    32        say that that would be gross misconduct?
    33        A.  I cannot comment upon this particular incident because
    34        I know nothing of it.  I do not know the circumstances
    35        surrounding it, but in a McDonald's restaurant it is
    36        forbidden for staff to receive gratuities from customers.
    37
    38   Q.   So it is, in fact, gross misconduct?
    39        A.  If staff receive tips, it is.
    40
    41   Q.   So what can be normal in some parts of the catering
    42        industry, in fact can be gross misconduct at McDonald's?
    43        A.  I am not responsible for the rest of the industry.
    44
    45   MR. JUSTICE BELL:  Is there a problem of some kind?
    46
    47   MS. STEEL:  We are actually nigh on finished.  We are trying to
    48        make up our minds whether or not to ask any more questions.
    49
    50   MR. JUSTICE BELL:  If you reached that situation, I would rather 
    51        you just said: "Can we have a moment, or two?" I will not 
    52        leave court, but you can sit down, sort out what is left 
    53        and make a note if need be.  Why not do that, sit down and
    54        get organised?
    55
    56   MR. MORRIS:  Mr. Nicholson, you are Vice-President?
    57        A.  Yes.
    58
    59   Q.   So you attend a whole range of different company meetings
    60        at executive level?

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