Day 181 - 01 Nov 95 - Page 20
1
2 Q. He impressed you as a young and sincere person who wanted
3 to do the right thing, correct?
4 A. That is correct.
5
6 Q. Some time later he came back and he was very concerned; is
7 that right?
8 A. He was concerned.
9
10 Q. He told you -- I think this is what you tell us -- that the
11 management had broken into his locker and taken away,
12 amongst other things, the union literature which you had
13 given him; is that right?
14 A. That is what I said yesterday.
15
16 MR. JUSTICE BELL: Mr. Rampton is only leading up to his
17 eventual question.
18
19 MR. RAMPTON: I just want to set the scene as best I can from
20 memory of your evidence yesterday. If I have got it wrong,
21 tell me.
22 A. I am happy with that summary.
23
24 Q. You said that you were unable to satisfy his concerns about
25 what happened and you were very upset that you were not
26 able to help him; is that right?
27 A. I said I was unable to satisfy his concerns.
28
29 Q. That made you unhappy?
30 A. If you wish.
31
32 Q. If he was telling you the truth, Mr. Pearson, what
33 management had done was absolutely outrageous and would
34 have been a plain breach of section 23 of the Employment
35 Protection Consolidation Act of 1978, would it not?
36 A. Those were not my words yesterday.
37
38 Q. No, but I am asking you a question. You know the law on
39 the subject better than I do, that is right, is it not?
40 A. I do not know what section 23 covers.
41
42 Q. It is the one which covers victimisation at work for union
43 activities.
44 A. Fine.
45
46 Q. You remember that section, I mean, the substance of it?
47 A. I have talked about the substance of it over these last
48 two days.
49
50 Q. If Mr. McGee was telling you the truth, that was a plain
51 case of victimisation or, if you like, interference with
52 his right to carry out trade union activity, was it not?
53 A. Yes. Unfortunately, I have said "yes", but,
54 unfortunately he was, you know, in a sense, he was not
55 dismissed, so it was not possible to exercise the interim
56 relief provision, and he came to me in any case more than
57 five works days after the incident.
58
59 Q. I am sorry, Mr. Pearson. I am not going to argue law with
60 you. I am going to ask you to look at the provisions of
