Day 118 - 01 May 95 - Page 26


     
     1        Mr. Nicholson's time should be taken up with it.  One sees
     2        McDonald's answer at page 1558 and a settlement for £29.49
     3        at 1560.
     4
     5   MS. STEEL:   Which I believe was the overtime that was owed to
     6        her, which had not been paid by the manager.
     7
     8   MR. MORRIS:  And is never paid to any staff.
     9
    10   THE WITNESS:  I have no knowledge of this case, none.
    11
    12   MR. MORRIS:  I know, but you do not have to have -----
    13
    14   MR. JUSTICE BELL:  I cannot read a settlement as an acceptance
    15        that one person was right and the other person was wrong.
    16
    17   MR. MORRIS:  No, what I am saying to the witness is here we have
    18        an absolute classic matter of principle, do we not?
    19
    20   MR. JUSTICE BELL:  Ask him that first of all. You must ask him
    21        some questions rather than telling him what the position
    22        is.  Do you accept that this was a matter of principle?
    23
    24   MR. MORRIS:  That is challenge to -----
    25
    26   THE WITNESS:  Can I look at the case?
    27
    28   MR. JUSTICE BELL:  Yes, what I suggest we will do is we will
    29        have the five-minute break now, and if you will read tab 97
    30        in volume XV pink XV, if you would be kind to enough to
    31        read 97 the pages in 97 as well.  We will come back and
    32        Mr. Morris will ask you another question.
    33
    34                       (Short Adjournment).
    35
    36   MR. MORRIS:  If we look at page 1555 of Kirsty Pearson's
    37        application to the tribunal?
    38        A.  Yes.
    39
    40   Q.   She says, well, "At various times I worked over a 39 hour
    41        week.  On loads of cases my rate of pay never went above
    42        £3.50 an hour for evenings or £2.90 for days. I understand
    43        that the Wages Act states that I should be paid £4.20 per
    44        hour for every hour over 39. McDonald's deny the necessity
    45        for paying this and I would like the Council" -----
    46
    47   MR. RAMPTON:  Tribunal.
    48
    49   MR. MORRIS: "Tribunal" sorry "to decide whether or not they
    50        must.  I have written a formal complaint to McDonald's and 
    51        gave them 14 days to reply and applied to the tribunal. 
    52        They still denied having to pay the overtime rate".  Is 
    53        that or is that not a fundamental matter of principle?
    54        A.  No.
    55
    56   Q.   That is being brought into question?
    57        A.  No.
    58
    59   MR. JUSTICE BELL:  It depends on the answers you see,
    60        Mr. Morris.  If I can give you an example, part of your

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