Day 259 - 10 Jun 96 - Page 44


     
     1
     2   Q.   You do not remember?  Did you ever, after 1986 (when
     3        I contend the Wages Act and overtime applied) in the short
     4        time that you were there, until May 1987, before you left,
     5        did you check whether people in the Company, McDonald's
     6        employees, were working over 39 hours and, therefore,
     7        entitled to overtime pay?
     8        A.  That was not part of my job to check that sort of
     9        information.
    10
    11   Q.   Were you aware there was a company policy that nobody
    12        should work over 39 hours?
    13        A.  Yes.
    14
    15   Q.   You were aware of that policy?
    16        A.  Yes, at the time.
    17
    18   Q.   There was a policy that there was no overtime specifically,
    19        as well?
    20        A.  I do not remember that, no.
    21
    22   Q.   But there was a policy that nobody should work over
    23        39 hours; and is that what you assume, based on what was
    24        happening at store level around the country, that it was
    25        policy of the Company?
    26        A.  It was not my job to even look at that sort of thing.
    27        My job was to pay the hours that were sent through and to
    28        adhere to the tax regulations at the time.  I was more on
    29        the PAYE side, the tax side.  It was a very big company,
    30        and different people had different fortes and different
    31        jobs, and that was not mine.
    32
    33   Q.   If you are in charge of payroll and, presumably, you wished
    34        to comply with the law -- is that correct?
    35        A.  Is that a question, I am sorry?
    36
    37   Q.   Were you concerned that your company that you were working
    38        for was complying with the law?
    39        A.  Of course.
    40
    41   Q.   You were?
    42        A.  Of course.
    43
    44   Q.   When, from whatever dates the overtime laws applied,
    45        McDonald's did not pay overtime, did you take any steps or
    46        make any inquiries to see whether the law was being
    47        complied with?
    48        A.  No, certainly not.  That was not my job.  It was not my
    49        job.  My job was to make sure that the calculation for tax
    50        and National Insurance was adhered to. 
    51 
    52   Q.   And hours worked? 
    53        A.  That was not my job, to check the hours worked or what
    54        -- what was happening at the store was for the Store
    55        Manager to send the hours through to me, and my job was to
    56        calculate the paying tax and to make sure that it hit the
    57        bank account on the right time.
    58
    59   Q.   Sorry?
    60        A.  That was my job.

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