Day 179 - 30 Oct 95 - Page 46


     
     1        questions.  So maybe we do not have to deal with it.
     2
     3   MR. RAMPTON:  I am not sure that I know what that means.  If it
     4        is suggested that I accept Mr. Gibney's evidence on various
     5        things, I do not think -----
     6
     7   MR. JUSTICE BELL:  No.  I think the only point that has been
     8        taken is that you did not put that they got their heads
     9        together and made it up together.
    10
    11   MR. RAMPTON:  No, because they do not, in any case, tell a
    12        consistent story.
    13
    14   MR. JUSTICE BELL:  Whatever the reason is, that is so.
    15
    16        I am not criticising you for asking the questions you have
    17        asked in re-examination.  I just want you to be aware that
    18        you may ask questions in re-examination, but you do not
    19        have to; and it is never taken by a judge as a sign of
    20        weakness that you do not ask questions in re-examination.
    21
    22   MS. STEEL:   Right.
    23
    24   MR. JUSTICE BELL: When I was at the Bar, I very rarely
    25        re-examined.
    26
    27   MS. STEEL:  (To the witness) I have only one further question,
    28        which is -- have you still got pink XI there?
    29        A.  No.
    30
    31   Q.   You have not?  Could you get it out?
    32
    33   MR. JUSTICE BELL:  Can you get it out again?
    34
    35   MS. STEEL:  Could you turn to tab 1, which is the McDonald's
    36        Crew Handbook -- I cannot remember what year.  1987 -- no,
    37        1986.  I think they have been fairly consistent, certainly
    38        on this part.  If you turn to page 19 of the bundle pages,
    39        which is the big stamped number at the bottom, and there
    40        are performance guidelines there; is that correct?
    41        A.  Yes.
    42
    43   Q.   If you just scan your eye over those, and if you could say
    44        whether or not they were the categories that you set or
    45        that you had to -- when you were talking about performance
    46        reviews and giving people performance reviews, were these
    47        the categories that people would be given, one of those
    48        five ---
    49        A.  Yes.
    50 
    51   Q.   -- categories? 
    52        A.  Yes. 
    53
    54   Q.   The bottom one says: "Unsatisfactory, fails to meet job
    55        requirements.  Crew members who are assessed as
    56        unsatisfactory will be subject to disciplinary action."
    57        I think it was suggested to you during your
    58        cross-examination that it would not be possible to get rid
    59        of people as a result of a performance review?
    60        A.  Yes.

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