Day 170 - 05 Oct 95 - Page 09
1 A. Yes.
2
3 Q. You said, as far as you were aware, she had been receiving
4 her pay for her scheduled hours?
5 A. Yes.
6
7 Q. Do you now know that she did not get her pay for those
8 scheduled hours?
9 A. No, I do not.
10
11 Q. Nobody has told you?
12 A. No.
13
14 Q. You have not made any enquiries?
15 A. No, well, I assumed that at the time it was taken out
16 of my hands.
17
18 Q. Yes, but when you wrote your statement about this very
19 specific incident and the dispute about pay, did you make
20 enquiries or did the -----
21 A. At the time Melanie was getting paid, but when she
22 phoned up and said that she was not getting paid it was
23 taken out of my hands.
24
25 Q. But I am talking about when you wrote your statement.
26
27 MR. RAMPTON: My Lord, I do not believe that these are proper
28 questions. Why should this witness make enquiries as to
29 matters about which she cannot give admissible evidence?
30
31 MR. JUSTICE BELL: What I suggest is if there is something in
32 the statement, Mr. Morris, which is inconsistent with the
33 answer, by all means put it, or which you think helps your
34 line of questioning. Let Mrs. Norris look at it and then
35 you can question her about it.
36
37 MR. MORRIS: You were never informed by the Company? Is it the
38 case that she was not, in fact, getting paid for the hours
39 that you had exercised your discretion that she should be
40 paid for? Nobody ever told you that, despite the number of
41 disputes and phone calls?
42 A. I cannot, I really cannot say. I cannot say "yes" or
43 "no" because I assumed that Melanie was getting paid.
44
45 Q. Nobody told you to the contrary?
46 A. No.
47
48 Q. So they kept you in the dark?
49
50 MR. JUSTICE BELL: You see, all this assumes that she was not,
51 and I have to wait and see what the evidence is about on
52 that. You cannot question the witness on the basis that
53 the fact is inconsistent with her state of knowledge when
54 she does not know what the fact is.
55
56 MR. MORRIS: Right. (To the witness): So you have no evidence
57 at all that she got paid?
58 A. No.
59
60 Q. At the time of the accident it was a summer period, was it
