Day 182 - 02 Nov 95 - Page 48
1 and Mr. Morris about that. Do you have any comment to make
2 on that? It seems perfectly sensible to me. Mr. Rampton
3 is saying nothing will be lost or gained on either side if
4 he closes his cross-examination there, but is allowed to
5 take instructions, if he wishes, from Mr. Holm and
6 Mr. Graham and serve extra statements.
7
8 MR. MORRIS: Civil Evidence Act?
9
10 MR. JUSTICE BELL: Yes, Civil Evidence Act statements.
11
12 MR. MORRIS: I do not have any objection to that.
13
14 MR. JUSTICE BELL: You see, he is not suggesting that
15 Mr. Jenssen has sought to mislead me; it is just a question
16 of where the information on either side comes from.
17
18 MR. RAMPTON: Yes.
19
20 MR. JUSTICE BELL: I do not think you are going to miss out if
21 that course is taken.
22
23 MR. MORRIS: No.
24
25 MR. JUSTICE BELL: I cannot think that there is anything to
26 re-examine on arising out of what Mr. Rampton has put, but
27 I am bound to give you the opportunity to re-examine, if
28 you wish.
29
30 Re-examined by the Defendants
31
32 MR. MORRIS: I will just ask you two or three questions:
33 Mr. Rampton asked you about the minimum rates, and you said
34 something about the union was happy that McDonald's
35 complied with the minimum rate for the industry. I cannot
36 remember what the exact question is -- I did not get a very
37 good note on it -- but I think it may be something to that
38 effect, but what is your position as regards the rates of
39 pay at McDonald's?
40 A. Well .....
41
42 MR. JUSTICE BELL: How does that arise out of -- what was it in
43 cross-examination that that arises out of?
44
45 MR. MORRIS: I was just a bit worried that the question was
46 worded in such a way from Mr. Rampton that it gave the
47 impression that the witness agreed that the rates were
48 satisfactory. To me, it was -----
49
50 MR. JUSTICE BELL: Neither side, either in chief or in
51 cross-examination, asked that question at large in that
52 way. I have had various evidence as to what rates were and
53 how they increased, according to Mr. Jenssen's evidence.
54 I do not want you to embark on asking the witness what his
55 opinion of the rates is now for the first time. If there
56 is something which has arisen out of cross-examination
57 which you think is not clear, then ask about that.
58
59 MS. STEEL: When you were asked about the new union agreement
60 preventing performance related pay, you said that was not
