Day 154 - 13 Jul 95 - Page 49


     
     1   MR. RAMPTON:  I am sorry about that.  I know your Lordship had
     2        it because your Lordship drew attention to it.
     3
     4   MR. JUSTICE BELL:  I did have it, but it does not appear to be
     5        there.  That is all.  So I will put that behind -- I was
     6        looking at it only yesterday, wherever it is.
     7
     8   MR. RAMPTON:  Yes, I know you were, yes.  (To the witness):
     9        Mr. Davis, I can tell you, if this is a full complement, a
    10        complete account, of the names on the payroll both under
    11        and 18 on these two pages ---
    12        A.  Yes.
    13
    14   Q.   -- the total number on the payroll at Orpington in that
    15        time was 48; three people were off for the whole of that
    16        week -- I think it is only three -- which makes just over
    17        six per cent of payroll.  Yes?
    18        A.  Yes.
    19
    20   Q.   My question is this:  Assuming you also, as I think you
    21        have told us you did have, have people at Colchester who
    22        would go missing for one reason or another, it might be a
    23        holiday, it might be sickness?
    24        A.  Holidays, sickness, leave of absence.
    25
    26   Q.   I was going to ask you, what other sorts of things would
    27        account for somebody being missing from the payroll,
    28        although they had not left the Company, during the course
    29        of the week?
    30        A.  Maybe if, say, a student wanted to take three weeks off
    31        because it was coming up to their exams, but you knew they
    32        were going to come back in a couple of weeks.
    33
    34   Q.   In those circumstances, would you leave them on the
    35        payroll?
    36        A.  Oh, yes.
    37
    38   Q.   I think you may have dealt with this in your
    39        evidence-in-chief, I am not sure, I may be muddled because,
    40        as his Lordship said, it is late and it is extremely
    41        hot; what about if a female worker, a mother with children,
    42        said:  "Look, I want to take 10 days off for the half time
    43        with my children", or whatever it might be, "but I am
    44        coming back at the end", would she be counted as a leaver
    45        or would she stay on the payroll?
    46        A.  She would probably stay on the payroll or definitely
    47        stay on the payroll.
    48
    49   Q.   She would definitely?
    50        A.  Definitely. 
    51 
    52   Q.   I should have asked this about Mr. Alimi, a regular 
    53        full-time worker, five days a week, who sometimes worked
    54        certainly more than 90 hours in a fortnight and, therefore,
    55        sometimes more than 39 hours in a week; did you ever notice
    56        in him any signs of stress, of over-tiredness, of bad
    57        temper, incompetence, inefficiency?
    58        A.  No, he generally worked to a high level and he was
    59        generally happy and jovial within the restaurant.
    60

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