Day 121 - 04 May 95 - Page 27


     
     1        McDonald's.  But, once you have asked him that once, you
     2        have served that purpose and it is a great risk it just
     3        dissolves into argument and comment if one presses it
     4        further.
     5
     6        Since I have stopped you by saying that, just take a moment
     7        to set off again on what I suggest is another topic.  You
     8        can address me all you want about what you say is an unfair
     9        balance in McDonald's system.
    10
    11   MR. MORRIS:  Yes.  I am sorry.  I might have interrupted
    12        Ms. Steel in her line of questioning.
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MS. STEEL:  Just going back to where we were; you said they were
    17        fully flexible if they have indicated they can work any
    18        hours?
    19        A.  Yes, but people have to be reasonable in interpreting
    20        that.
    21
    22   Q.   Can you just explain what you mean by that?
    23        A.  Well, just that, the management in asking them to work
    24        whatever hours he wants them to work has to be reasonable.
    25        You have to bear in mind that when they say they are fully
    26        flexible, there has to be some order to their life.
    27        I mean, I would be very unhappy if a manager was asking
    28        fully flexible people to work a whole range of unsocial
    29        hours.  When they say they are fully flexible, I think they
    30        are being very helpful and, in return, we should be helpful
    31        towards them.  As long as they are given at least, I think
    32        it is, seven days notice when the schedule goes up, and
    33        they have an opportunity to come back and say:  "Well, you
    34        have posted me 4.00 to close on Thursday; I would like to
    35        do on open" and the Manager tries to accommodate them, that
    36        is acceptable.
    37
    38   Q.   But in terms of hours, do you state anywhere in the
    39        contract:  "We guarantee that you will be paid for at least
    40        30 hours every week" ---
    41        A.  No, you have read the -----
    42
    43   Q.   -- "barring any catastrophe", or something like that?
    44        A.  No, you have read the Crew Handbook; it is not in
    45        there.
    46
    47   Q.   Right.  So they do not have any guaranteed rights on that
    48        front, any policy that is absolutely unbreachable?
    49        A.  On what front?
    50 
    51   Q.   On the front of how many hours they get to ----- 
    52 
    53   MR. JUSTICE BELL:  There is not a guaranteed minimum that you
    54        would get paid?  There is not a guaranteed minimum that you
    55        will get paid each week, come what may?
    56        A.  No, it is not laid down, no, not at all, but we are
    57        reasonable.
    58
    59   MS. STEEL:   So, effectively the powers is left in the hands of
    60        the management?

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