Day 174 - 17 Oct 95 - Page 35


     
     1
     2   Q.   -- would be if they ignored that third written warning?
     3        A.  Yes, exactly, yes.
     4
     5   Q.   Then how would they be dismissed; is it a written dismissal
     6        or is it an oral dismissal, or what?
     7        A.  It could be an oral dismissal.
     8
     9   Q.   It could be?
    10        A.  Yes.
    11
    12   Q.   Do you know what the standard practice was?
    13        A.  In 1985?
    14
    15   Q.   Yes.
    16        A.  No, I cannot recall the exact policy.
    17
    18   Q.   Would it be fairly normal to get a written dismissal?
    19        A.  It probably could vary.  I mean, I cannot say for
    20        sure.  After a final written warning -- remember that the
    21        final written warning is in writing -- if a dismissal
    22        followed that, it could be verbally or it could be in
    23        writing.
    24
    25   Q.   But, presumably, the Company would keep some record of --
    26        I mean, we have heard that in this country I think there is
    27        a record kept of the category, the reason of why the
    28        employee left.  Is that similar in Ireland?
    29        A.  Yes, it is, in this sense, that you have to record the
    30        reason for dismissal.
    31
    32   Q.   Right.
    33        A.  And that would normally be recorded on the employee's
    34        record.
    35
    36   Q.   In their personnel file?
    37        A.  Yes, in their personnel file.
    38
    39   Q.   You said that the Company probably goes a bit overboard in
    40        keeping its files; is that not correct?
    41        A.  I said that we keep -- we have had a tendency to keep a
    42        lot of files.
    43
    44   Q.   So, for example, files like that, personnel files, are they
    45        kept, or how long would they be kept for?
    46        A.  Personnel files, by law, have to be kept for, I think
    47        it is five years.  I am not sure of the exact condition,
    48        but I think it is in that region.
    49
    50   Q.   What about when the Company gets into some kind of court 
    51        procedure, or something like that; does the Company keep 
    52        its records of the procedures and what happened? 
    53        A.  There is not any difference in keeping records that
    54        I am aware of, other than the legislation that applies to
    55        employee files.
    56
    57   Q.   So, if you have some great controversy about something or
    58        other, that does not mean that you are any more likely to
    59        keep your files on that than just somebody who leaves by
    60        the by and nobody blinks an eyelid?

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