Day 121 - 04 May 95 - Page 25


     
     1
     2   Q.   They are not guaranteed hours, are they?
     3        A.  I believe they are not.
     4
     5   Q.   If a manager scheduled somebody who was a full-time
     6        employee, hourly paid full-time employee, less than 39
     7        hours, would that be completely unacceptable?
     8
     9   MR. JUSTICE BELL:  No, it would not, because we have already
    10        read something which says at least 35, normally 39.  Why
    11        not put:  "Suppose some full-time worker was regularly
    12        being scheduled around 30 hours, and never 35?"
    13
    14   MR. MORRIS:  The thing about this "regular" or "the individual
    15        circumstance" thing is that if it can happen once, that is
    16        an indication of the management power.
    17
    18   MR. JUSTICE BELL:  I am afraid you and I are not seeing things
    19        in quite the same light because lots of things can happen
    20        once, or every now and again, which are not what one side
    21        or the other might expect and it would not upset me one
    22        bit.  Can I take an example there; suppose someone, who is
    23        a full-time worker, is only provided with 28 hours work one
    24        week, but the rest of the year is being given between 35
    25        and 39 and more often than not 39, I have to tell you now
    26        that is not going to upset me at all.
    27
    28   MR. MORRIS:  I understand.  It was in the context of whether
    29        there were some policies that cannot be breached by
    30        management.  For example, that -----
    31
    32   MR. JUSTICE BELL:  You are quite right to remind me that is the
    33        context of this discussion, but think of something you can
    34        put.
    35
    36   MR. MORRIS:  OK.  (To the witness):  There is a policy, is
    37        there, of a minimum of 35 hours for ---
    38        A.  Full-time.
    39
    40   Q.  -- full time?
    41        A.  Yes.
    42
    43   Q.   Can that be breached by a manager, if they need to, and
    44        only schedule 20 hours for that person?
    45        A.  I would say that would be unacceptable.  I have never
    46        heard of it.  You are asking me, again, questions I have
    47        never heard raised.
    48
    49   Q.   But you ---
    50        A.  I -- I have to make up an answer. 
    51 
    52   Q.   -- are the one who said that some policies --- 
    53        A.  Right, I will tell you a right ---
    54
    55   Q.  -- cannot be breached?
    56        A.  -- a right of the staff that cannot be breached.
    57
    58   Q.   Go on then?
    59        A.  We cannot deduct anything from their wages without
    60        their agreement.  That is a right inherent to all workers;

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