Day 116 - 26 Apr 95 - Page 32


     
     1        created originally to deal with problems arising between
     2        franchisees and the organisation, but then the staff made
     3        it clear that they would like to use the offices of
     4        Ombudsman and so his role was expanded; it was a him at
     5        that time.  There are now six people in the Ombudsman's
     6        department in the States who deal with problems between
     7        franchisees and the organisation or employees and their
     8        bosses.  Once our franchisee community had reached a fairly
     9        substantial number, they pressed for the appointment of an
    10        Ombudsman here and I was elected to that post.
    11
    12   MR. JUSTICE BELL:  Could we know how copies of the handbook are
    13        issued and to whom, Mr. Rampton, whether individually or
    14        per restaurant or how?
    15
    16   MR. RAMPTON:  How does the crew member learn what is inside this
    17        handbook?
    18        A.  As soon as he is accepted as a crew member, as a
    19        recruit, he is given a copy of this with his first uniform.
    20
    21   Q.   I would get one of those even if I worked only for a day,
    22        would I?
    23        A.  Yes, you would be given a copy so that you knew what
    24        your conditions of services were.  On the first day you go
    25        to the store you would be handed a copy of the Crew
    26        Handbook.
    27
    28   Q.   If I left, say I was not very good and I was not taken on
    29        after my 21 days' probation, would I be allowed to take it
    30        with me?
    31        A.  No.  You would be asked to hand it back in.
    32
    33   Q.   Are there any spare copies?  Is there one on the notice
    34        board, for example, or is it too bulky?
    35        A.  I do not think there is one on the notice board.
    36        Notice boards are very limited in space, but there are
    37        plenty of spare copies available in every restaurant.
    38
    39   Q.   Would the manager have some spare copies available?
    40        A.  Certainly.
    41
    42   Q.   Is he or she expected to read it?
    43        A.  Yes.
    44
    45   Q.   You then as the Ombudsman are the court of last resort
    46        internally, is that right?
    47        A.  Yes.
    48
    49   Q.   I suppose if they are unwilling to accept your decision,
    50        they do not like it, they can in certain circumstances go 
    51        to an industrial tribunal? 
    52        A.  Yes, they could. 
    53
    54   Q.   What in general is the company's attitude to industrial
    55        tribunal cases?
    56        A.  If there is a matter of principle at stake we will
    57        press to tribunal, but tribunals are expensive.  There are
    58        no costs awarded in tribunal or if there are they are
    59        minimal.  If it is a simple matter which we are being taken
    60        to tribunal on, a straightforward matter, and we can get

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