Day 259 - 10 Jun 96 - Page 38


     
     1        if somebody had been underpaid, then it was put right.
     2
     3   Q.   Do you remember -----
     4
     5   MR. JUSTICE BELL:  I think you are at cross purposes.  By an
     6        improper record, you mean a record was kept of how many
     7        hours they worked and what they should have been paid and
     8        what they were paid?
     9        A.  Yes.
    10
    11   Q.   But the only way it would come to your attention if, for
    12        instance, all the hours they have worked had not been
    13        recorded and, therefore, had not been paid, would be if the
    14        crew member had raised it with one of the managerial team
    15        and it had come up to you?
    16        A.  That is right.
    17
    18   MR. JUSTICE BELL:  I do not think there is any difference
    19        between you.
    20
    21   MR. MORRIS:  So, is it the case, then, that you do not know of a
    22        single store where it was found that they were failing to
    23        keep a proper record of hours worked and employees?
    24        A.  That is right, I do not remember any store -- I do not
    25        remember any store having -----
    26
    27   Q.   Why do you not remember that on 2nd November 1982, while
    28        you were payroll manager, Guildford Magistrates' Court
    29        found McDonald's guilty and convicted them of offences
    30        under the Shops Act 50, and one of them, the first one, was
    31        for failing to keep a proper record of hours worked for
    32        certain employees?  You just do not remember that?
    33        A.  No, I do not.
    34
    35   Q.   So there could have been, in fact, hundreds of other
    36        incidents that you do not remember?
    37        A.  Certainly not, no.
    38
    39   Q.   A magistrates' court decision against the entire
    40        company ---
    41        A.  I think you will find -----
    42
    43   Q.  -- did not bother you then, at the time?
    44        A.  Of course it would.
    45
    46   Q.   How do you know if it bothered you?  You do not remember
    47        it.
    48
    49   MR. JUSTICE BELL:  I am afraid we are just arguing, Mr. Morris.
    50 
    51   MR. MORRIS:  It would have bothered you at the time? 
    52        A.  It would have bothered me ----- 
    53
    54   MR. JUSTICE BELL:  If you had known about it, it would have
    55        bothered you?
    56        A.  Of course, of course it would.
    57
    58   MR. MORRIS:  It would bother you because you had been found out;
    59        that is why?
    60        A.  Me, personally, no.  I was not found out.

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