Day 164 - 26 Sep 95 - Page 35


     
     1
     2   MR. MORRIS:  He will be able to show to the court how the
     3        schedules -- for example, if we have a year's worth of
     4        schedules, presumably it is 50 sheets or something, one for
     5        each week.  He will say how, for example:  "This person
     6        here who we discussed at a meeting was not favoured, and
     7        you can see here how their time has been reduced to the
     8        point where they would have to leave because they would not
     9        be able to pay their bills", or something like that.
    10
    11        He says in his statement:  "I believe that it was the
    12        general perception that it was easier to make someone
    13        resign rather than sack them", because there were certain
    14        criteria for sacking someone you had to satisfy; whereas if
    15        you wanted to get rid of them, you could do it by
    16        scheduling means.
    17
    18   MR. JUSTICE BELL:  Help me, does he mention any particular
    19        person to whom this happened?
    20
    21   MR. RAMPTON:  My Lord, the answer is, no, he does not.
    22
    23   MR. MORRIS:  He does not mention specific names, no, but he does
    24        say it was a common practice for the schedule to be used as
    25        a tool of discipline which I take to mean it was a general
    26        practice that that is what the schedule could be used for.
    27        It might show up in many ways, how it was being used by the
    28        management as a tool of discipline, but he would be able to
    29        explain that to the court.
    30
    31   MR. JUSTICE BELL:  Yes.  Do you want to go on to D?
    32
    33   MR. MORRIS:  Yes.  D is referred to in paragraph 19 of
    34        Mr. Richards' statement on page 9.  In fact, it was
    35        something that was raised by Mr. Logan which Mr. Richards
    36        verifies in paragraph 19.  In paragraph 19 Mr. Richards
    37        says:  "It is true that custom" -----
    38
    39   MR. JUSTICE BELL:  Yes, I have read that.  Tell me what you are
    40        hoping to get from that.  He says complaints were received
    41        about once a week.
    42
    43   MR. MORRIS:  Yes.  Mr. Richards has verified that about uncooked
    44        products which is pretty important in terms of the food
    45        poisoning.
    46
    47   MR. RAMPTON:  My Lord, I know your Lordship has read it, but
    48        really Mr. Morris ought to read to himself the whole of the
    49        paragraph before he makes what I have to say I find a
    50        strange submission of that kind. 
    51 
    52   MR. JUSTICE BELL:  As I read paragraph 19, complaints are made 
    53        about once a week.  It is extremely rare for a complaint of
    54        this nature to be substantiated.  What may not be entirely
    55        clear, the way I have interpreted it is if there appears to
    56        be some substance in it then an incident report form is
    57        made out.
    58
    59   MR. MORRIS:  This is a whole area of dispute in the case about
    60        whether McDonald's, in fact, do investigate complaints and

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