Day 181 - 01 Nov 95 - Page 51


     
     1        that it is a matter of law; it is not for the witness to
     2        tell me, the judge, what the position is in answer to your
     3        question.
     4
     5   MS. STEEL:   Sorry, could you just tell me where on the third
     6        page that was?
     7
     8   MR. JUSTICE BELL: It is the third page, still in the notes to
     9        section 23.  If you look at the bottom of the second page
    10        "appropriate time", in bold, and then some notes of some
    11        relevant cases on the construction of that phrase.  Over
    12        the page, the last paragraph above subsection (1)(a) is
    13        what I have just read.  I am only quoting that to support
    14        what I have just said, that that is a question of law for
    15        me, not for the witness.
    16
    17   MR. MORRIS:  It does seem daft to say tht you must not break the
    18        law, but then you can do if it is in your contract.
    19
    20   MR. JUSTICE BELL: It is a matter of law, Mr. Morris.  That is
    21        all I am saying.  You may be right, you may be wrong.  If
    22        it was of vital importance, we would have to look at all
    23        the authorities and I would decide upon the matter.
    24
    25   MR. MORRIS:  I move on to a different subject.
    26
    27   MR. JUSTICE BELL: It is no disrespect to you, Mr. Pearson.
    28        I have to be careful of the distinction between what you
    29        can usefully and properly tell me and what, for better or
    30        worse, I have to decide for myself.
    31        A.  I understand that.
    32
    33   MS. STEEL:   I am not really sure whether this matters, but when
    34        you wanted to go to the Warren Street store, you said in
    35        your statement about despite speaking to the local
    36        managers.  Who was it that you contacted when you asked to
    37        -- I do not know whether you remember -- when you asked to
    38        leaflet the stores?
    39        A.  Well, this is a problem.  To be honest, I do not
    40        remember.  I did look for my file at the T&G on this case,
    41        but I could not find the file either -- not kind of
    42        expecting, ten years later, to be questioned on it.  So
    43        I just remember making the call.  I cannot remember the
    44        name of the person I spoke to.
    45
    46   Q.   You cannot remember whether it was at local level or at
    47        Head Office?
    48        A.  All I can say is, it was not local level -- at least,
    49        my recollection is tht it was not local level.
    50 
    51   Q.   Right.  You said that there is a statutory requirement of 
    52        employers to maintain pay records for five years.  Is that 
    53        still the case?
    54        A.  Yes, because abolition of wages councils was in 1993,
    55        and there is -- I am pretty sure it is five years.  I think
    56        that provision was perpetuated with the complete abolition
    57        of wages councils.  I think they were still required to
    58        keep records in the possibility that claims would be lodged
    59        in the ensuing period.  I believe that claims can be lodged
    60        up to seven years from the date of the alleged offence.

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