Day 195 - 04 Dec 95 - Page 55
1
2 MR. JUSTICE BELL: I have to say that is, I think, rather an
3 oversimplification of the position, because some things
4 which they say they may have the authority of the Company
5 to say and some others they may not.
6
7 MS. STEEL: Obviously, if they start talking about rain forests,
8 or something like that ----
9
10 MR. JUSTICE BELL: That illustrates the point. You have to
11 actually look at what they have said, look at the position
12 they are in, and then the position may be (because I am
13 putting this in less than dogmatic terms because I have not
14 heard all the argument), what you may have to do is to look
15 at who said it, what position they hold, the context in
16 which it is said and what they have actually said. Then
17 looking at all those matters, say: "Can we fairly ask the
18 judge to say that was said with McDonald's authority and on
19 their behalf?"
20
21 It is not just a question of saying: "Well, that person
22 was in charge of the store at the time, so anything which
23 they said while they were in charge of the store must have
24 been said on behalf of McDonald's".
25
26 MS. STEEL: In relation to how that shift was run.
27
28 MR. JUSTICE BELL: Let us wait and see. My purpose -- it was
29 meant to be a short intervention and it has taken nearly
30 quarter of an hour -- my sole purpose in mentioning it at
31 this stage is that I do not want you to be under any
32 allusion that the matter is just as clear cut as you might
33 have been suggesting earlier this afternoon. I want you to
34 be aware of the possible difficulty. Do you understand?
35
36 MS. STEEL: Yes, but we are intending to get legal advice to
37 deal with this.
38
39 MR. JUSTICE BELL: Very well. Although it has taken longer than
40 I expected, I will come back at 5 to 3.
41
42 (Short Adjournment)
43
44 MR. RAMPTON: Mr. Alimi, I would like you to turn back to page 4
45 of your first statement ---
46 A. Yes.
47
48 Q. -- and to have your diary beside you. Before we look at
49 the copies which we have got and the statement, could you
50 open the diary, please, at Sunday, July 20th? My Lord, as
51 nobody has that copy of this, perhaps if I just read them
52 out and Mr. Alimi will confirm I have written it down
53 correctly?
54 A. Yes.
55
56 Q. Here you have written, I take it, what are the hours you
57 were scheduled to work during this week?
58 A. That is correct.
59
60 Q. Am I right that Sunday, 20th, you were scheduled to work
