Day 171 - 11 Oct 95 - Page 44


     
     1        note.  What I have in mind at the moment, and then if I
     2        have misunderstood the extent of what Mr. Rampton was
     3        prepared to accept he can address me again, is the clock
     4        card sheets for the 9th and 10th November but also the
     5        weekly schedule for the week which includes the 9th
     6        November but not the other associated documents.  Do you
     7        want to say anything more about that, Mr. Morris?
     8
     9   MR. RAMPTON:  I just want to correct something Mr. Morris said.
    10
    11   MR. MORRIS:  I do not.
    12
    13   MR. RAMPTON:  He can respond if I am wrong.
    14
    15   MR. MORRIS:  If Mr. Rampton would come back on that.
    16
    17   MR. RAMPTON:  Mr. Morris may have something to add.
    18
    19   MR. JUSTICE BELL:  I will hear Mr. Rampton first and then
    20        anything you may want to say.
    21
    22   MR. RAMPTON:  Can I say, although I do not object to disclosing
    23        the schedule for that week, in fact Mr. Morris is
    24        completely wrong in saying that it is the scheduling that
    25        is the issue.  What Mr. Logan, in fact, says in the first
    26        paragraph of his document which he gave to the Department
    27        of Employment was this:  "I finally resigned my position on
    28        the 9th November when I came in to run the night shift and
    29        found I had once again been scheduled with a completely
    30        inadequate number of staff to run the shift safely."
    31
    32        He then says -- this is lower down the page -- "On the 9th
    33        November there were three employees scheduled for my shift,
    34        forcing me to cook and serve in order to keep up with the
    35        volume of business."  So what actually matters is who was
    36        in the restaurant when, as he said, he came in to run the
    37        night shift and how many people there were there while he
    38        was actually doing it himself, cooking and serving.
    39
    40   MR. MORRIS:  He does not say he was cooking and serving.  He was
    41        saying that he came in to do that and he resigned.
    42
    43   MR. JUSTICE BELL:  At the moment I am minded to give the
    44        schedule because it is precious little more paper and, for
    45        all I know, when I hear Mr. Logan give evidence, somewhere
    46        in the area of dispute between him and Mr. Richards about
    47        the 9th November there may be a common thread which would
    48        make it interesting to look at how it was scheduled.  That
    49        is all.
    50 
    51   MR. RAMPTON:  Yes. 
    52 
    53   MR. JUSTICE BELL:  So that is the argument in relation to
    54        discovery.  You are going to call Mr. Pattinson tomorrow,
    55        are you, Mr. Morris?
    56
    57   MR. MORRIS:  Yes.  I basically tied to find someone who would
    58        not be contentious so that Ms. Steel would feel happy for
    59        me to do it, and Terry Pattinson seemed to be the only
    60        candidate.  He was, happily, willing to come in at very

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