Day 207 - 23 Jan 96 - Page 64


     
     1
     2   MR. JUSTICE BELL:  You see, all I need to know, Mr. Morris, is
     3        whether you think you have a point; if so, put what you
     4        think your point is.
     5
     6   MR. MORRIS (To the witness):  It seems to me that the in time
     7        and out time that you have put down on those days, 382, are
     8        what the person was scheduled for, yes, 8.00 until 12.00,
     9        12.45 to 16.15; is that correct?
    10        A.  From what I can see, from the information I have put
    11        the person in from 8 o'clock until quarter past 4, yes.
    12
    13   Q.   Yes.  Right.  So, all I am saying is you would not have
    14        done that with consultation with the crew person, would
    15        you?  You did that on the same day that they had left?
    16        A.  Well, the time entry is at 16.41.
    17
    18   Q.   Exactly.  So you made this four hours later without the
    19        crew person involved, and you just put down what they had
    20        been scheduled for?  That is the way it is done, yes?
    21        A.  How do you allow the four hours?
    22
    23   Q.   You made this four hours -----
    24
    25   MR. JUSTICE BELL:  You did it 26 minutes after the clock out
    26        time, you made this change.  If what you did, they having
    27        left and you not finding anything on the clock card file,
    28        is say:  "Well, I know he has been in and I scheduled him
    29        from 8.00 until 12.00 and 8.00 until 4.15, so I am going to
    30        clock him in for when he should have arrived and clock him
    31        out for when he should have gone, and I will assume he took
    32        his 45 minutes in the middle".  I cannot see anything wrong
    33        with that, because if the employee has been a bit dopey
    34        that day and not bothered to clock himself in and out, I do
    35        not see why the Manager should not assume he has worked his
    36        scheduled hours.  But, again that might be a complete
    37        misunderstanding.
    38
    39   MR. MORRIS:  Could I just ask the witness, would that be the
    40        kind of normal practice to assume people had worked their
    41        scheduled hours when you did not know?
    42        A.  If you did not have access to the individual saying to
    43        you:  "These are the hours I have worked" or something,
    44        then you would do it to your best knowledge.
    45
    46   MR. RAMPTON:  My Lord, that person was there on that day.  It is
    47        on page 329.  It is the very last entry.  It is a girl
    48        called Pamela Madden.
    49
    50   MR. JUSTICE BELL:  Yes, very well. 
    51 
    52   MR. MORRIS:  Yes.  The clock card now shows what you have 
    53        changed it to, but all I am saying is that if employees
    54        work past their hours, then they are going to lose time,
    55        are they not, if they have not clocked in and out.  That is
    56        all I am saying on that.
    57        A.  If an employee did not clock in or out, it is possible
    58        they could have lost all their hours, you know, as in this
    59        occasion and you are putting back hours that they would
    60        have otherwise lost.  It may or may not -----

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