Day 134 - 13 Jun 95 - Page 65
1 A. Yes, so you would have to look at the individual in any
2 case, but one point I would make (which I am sure has been
3 made here before) is that things like benefits and so on
4 are given by McDonald's in the same way for full timers as
5 for part-timers, which is why I said that very often it
6 would not be important to know whether someone was full or
7 part-time.
8
9 MR. MORRIS: So, really, it is the discretion of the management
10 in the store whether somebody, effectively, works part-time
11 or full-time?
12 A. It is linked with what the person says they are
13 available for when they start. The Manager could not just
14 schedule the person either no hours or 50 hours a week if
15 the person was not in agreement with doing that. So -- I
16 am sure you know that.
17
18 Q. The person might leave?
19 A. If they were not happy because someone had scheduled
20 them outside their availability, yes.
21
22 Q. But the discretion exists with the manager?
23 A. There is an agreement that the person makes.
24
25 MR. JUSTICE BELL: I have lived in the real world for the last
26 50 odd years and discretion has to be a practical
27 discretion in most cases. I have no doubt there are some
28 loony managers around who do not exercise their discretion
29 in that practical way, but for general purposes it has to
30 be, has it not?
31
32 MR. MORRIS: Yes, but it is another power that McDonald's
33 managers have which I do not see existing in any other
34 company.
35
36 MR. JUSTICE BELL: Then I will wait and listen to your witnesses
37 who talk about scheduling. I have read their statements
38 and I know which ones you are hoping to call. We have some
39 material about that and we will have to see what it all
40 comes to at the end day. Is this really something you need
41 to take up with Ms. Mead?
42
43 MS. STEEL: Is it done on scheduled hours? Is the distinction
44 made on scheduled hours or is it on actual hours worked?
45 A. I am not sure what distinction it is you are talking
46 about.
47
48 Q. Between full and part-time.
49
50 MR. JUSTICE BELL: For what purpose, you see?
51
52 MS. STEEL: Well, you do give out statistics about what
53 percentage of your employees are full-time and what
54 percentage are part-time. Therefore, you must make some
55 distinction between the two?
56 A. But equally we provide information to lots of different
57 places. It would be helpful if I knew which piece of
58 information you were referring to.
59
60 MR. JUSTICE BELL: Just pause a moment because I think we have
