Day 180 - 31 Oct 95 - Page 14


     
     1        23:  "On basic day-shift rates, the company kept a little
     2        ahead of the former UK statutory minimum rates, while other
     3        shifts attract a slightly higher hourly rate.  But it is
     4        questionable whether employees working such hours a week,
     5        on whatever combination of shifts, will always have
     6        received the equivalent of the statutory overtime rate, or
     7        have been aware of their statutory minimum entitlement.
     8        There is some evidence in the statements that Wages Council
     9        orders were not on display, an offence under the Wages
    10        Act.  Until the abolition of wages councils in Britain,
    11        effective from August 1993, McDonald's was covered by a
    12        statutory minimum rate for a basic 39 hour week for
    13        employees over 21 years of age, and by a statutory
    14        time-and-a-half overtime payment thereafter.  Until 1986,
    15        more detailed provisions covered workers from 16 years of
    16        age.  There is ample evidence in the submissions of
    17        employees working beyond the claimed maximum 39-hour week.
    18        But because of the overall low hour policy, low take-home
    19        pay is an in-built feature of employment in the company.
    20
    21        24.  When labour targets are translated into individual
    22        managers' performance targets, and form a key part of their
    23        individual appraisals, then achieving them may of necessity
    24        engender a disciplinarian, if not authoritarian, management
    25        style, dependent for its success on a highly flexible work
    26        force.  Such a tendency is borne out by many of the
    27        employee witness statements".  Actually, that is the matter
    28        which we raised about performance related pay.  I had
    29        forgotten that was in the statement.
    30
    31        "25.  If, as the HSE report suggests, McDonald's culture
    32        tends to place customer service ahead of staff safety, in
    33        effect to maximise sales; and if, as it appears, the labour
    34        formula focuses intensely on the need to minimise staff
    35        costs; then, staff will come second best twice, to
    36        customers and to finely-tuned cost control mechanisms".  Is
    37        that your evidence as written on 1st March this year?
    38        A.  It is.
    39
    40   Q.   It stands as your evidence today?
    41        A.  It does.
    42
    43   Q.   There were quite a few documents you referred to, and some
    44        other matters I wanted to bring up.  It may not be in the
    45        best order.  On the matter of unions, have you read the
    46        statement of Dave Turnbull?
    47        A.  Yes, I have.
    48
    49   Q.   Have you read it carefully?
    50        A.  Yes, I have. 
    51 
    52   Q.   What is your reaction to his statement? 
    53        A.  I think Mr. Turnbull's statement reflects the typical
    54         -- is typical of the problems encountered by full-time
    55        officials seeking to organise in the hotel and catering
    56        industry.  I think it reflects those difficulties.  It
    57        reflects the issues of high labour turnover.  It reflects
    58        the commitment and application of officials such as
    59        Mr. Turnbull in seeking to achieve, in seeking to respond
    60        to, requests for assistance from employees in the catering

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