Day 119 - 02 May 95 - Page 36


     
     1        aspect.  They would be responsible for noting -----
     2
     3   Q.   So, in fact, there would be a incident report form for this
     4        then?
     5        A.  No, not necessarily, not necessarily.
     6
     7   Q.   Why not?
     8        A.  Because I do not know what the explanation was.
     9
    10   Q.   There cannot be an explanation, can there?
    11        A.  Oh, yes.
    12
    13   Q.   For five breaches of law in this country, how can there be
    14        an explanation?
    15        A.  There could easily be an explanation.  I do not know
    16        about -----
    17
    18   MR. JUSTICE BELL:  No, no, it is fundamental to distinguish
    19        between an explanation and an excuse.  There is always an
    20        explanation of anything, however wicked it is.
    21
    22   MR. MORRIS:  Say the Manager broke down in tears and said that
    23        he was having a mental breakdown at the time; it still
    24        would not be an excuse, would it?  There would still be an
    25        incident report form filled out.
    26
    27   MR. JUSTICE BELL:  It might be an explanation, you see.
    28
    29   MR. MORRIS:  Yes, but all I am saying is -----
    30
    31   MR. JUSTICE BELL:  I hope that McDonald's, if it finds breaches
    32        of the law or anything else, enquires into the matter ---
    33        A.  Absolutely.
    34
    35   Q.   -- and takes all the circumstances into account which may
    36        be aggravating, so far as the Manager is concerned, or
    37        mitigating so far as the Manager is concerned?
    38        A.  And they do.
    39
    40   Q.   That someone tries to reach a sensible conclusion as to
    41        what, if any, disciplinary course is to be taken.  What,
    42        I would have thought, Mr. Morris's main point is is how
    43        this goes undiscovered, which is why I asked you whether
    44        supervisors really check all the sheets or do spot checks
    45        from time to time.  I mean, I will be quite open; I would
    46        have thought that supervisors would be having nervous
    47        breakdowns all over the country if they had to check every
    48        sheet, but you say they do?
    49        A.  No, they would do -- no, I said I did when I went into
    50        Ireland, but I would have thought the majority do spot 
    51        checks and they look at those areas that are particularly 
    52        dangerous to us, young children. 
    53
    54   Q.   So they ought to be checking the under 18s and they ought
    55        to be checking, particularly, the "F" for "female" under
    56        18s?
    57        A.  Yes.
    58
    59   Q.   Because ---
    60        A.  There are restrictions on until 10 o'clock.

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