Day 122 - 05 May 95 - Page 60
1 knowledge and belief, the relevant clock cards were
2 destroyed during the time that Ray Cobin was Store Manager
3 at the restaurant. Mr. Cobin left the restaurant in or
4 around August 1991, so that the clock cards would have been
5 destroyed before that date."
6
7 Mr. Nicholson was not asked to look into it. He was asked
8 to look into three other matters which he dealt with in a
9 later affidavit.
10
11 MS. STEEL: So you did not look into this at all, no?
12 A. I can only answer what I have been saying. I made a
13 lot of enquiries. I cannot remember where they all are.
14 I cannot remember particularly looking into anything at
15 Colchester.
16
17 MS. STEEL: I think I have actually finished but could I have
18 five minutes to check?
19
20 MR. JUSTICE BELL: Yes, we will have a five-minute break.
21
22 (Short Adjournment)
23
24 MR. MORRIS: Just one final question, Mr. Nicholson, which is
25 you remember we asked you about meal breaks and about being
26 paid for meal breaks?
27 A. Yes.
28
29 Q. You said in your time breaks were paid for but that changed
30 or something?
31 A. Yes, I think that is -- I think that was what was
32 happening generally, they were paid for. I had not heard
33 of any restaurant which were not paying for meal breaks at
34 that time.
35
36 Q. If we just look at -- it is the last document you might
37 have to look at -- volume pink XI, the Crew Handbook,
38 tab 3, for 1989?
39 A. Yes.
40
41 Q. Page 133 in the bundle?
42 A. Yes.
43
44 Q. The large paragraph near the bottom, it says: "You must
45 take your break at the time specified by your manager. For
46 payroll purposes you are also required to clock out and
47 clock in for meal breaks as breaks are unpaid." Do you
48 have any comment to make on that?
49 A. Yes, because it goes on to say: "However, should you
50 be scheduled to work for over three hours and up to four
51 hours, you are not required to clock out and clock in for
52 your entitled break".
53
54 Q. That is the 15 minute break but that is not the meal
55 breaks.
56
57 MR. JUSTICE BELL: I had misunderstood your evidence about that.
58 When you talked about breaks not being paid, I thought
59 that included the short breaks?
60 A. It did include the short breaks, my Lord. They do not
