Day 121 - 04 May 95 - Page 15


     
     1        does not happen, but I have never heard of double shift
     2        working.  That would suggest that someone is, perhaps,
     3        working 16 hours a day.  They would be unproductive for the
     4        last seven hours.  They would be exhausted.  So, I would
     5        have thought -- and I have not heard of double shift
     6        working until you have mentioned it.
     7
     8   Q.   If we look at paragraph 34 of Mark Davis's statement, page
     9        13, paragraph 34, second sentence, it is true to say -----
    10        A.  Yes, I see that.  If he says it happened in his
    11        restaurant, then I will take that as read, but I would have
    12        thought -- I am not an Operational person and I would like
    13        to hear this question put to Mr. Paul Preston -- that that
    14        person would be unproductive for a large part of that time
    15        or, put it another way, you would not get as good a return
    16        of work from him for the last eight hours as you would from
    17        a second person.
    18
    19   Q.   Right.  People have to stay on, do they not, until they
    20        have completed their close?  They cannot just say:  "Right,
    21        I am scheduled to 12.00, I have to go"?
    22        A.  No.  What will happen -- I mean, the Manager knows he
    23        has to do his close and he knows his close could take an
    24        hour, two hours, depending upon the state of the store, so
    25        he will schedule sufficient people to take him up to
    26        midnight, that is, the one hour after the restaurant is
    27        closed -- normal restaurants; there are some restaurants
    28        work later.
    29
    30        Then he would make allowances for suitably qualified
    31        people, in other words, those 21 or over to finish the
    32        close, and they would be paid for the hours they worked.
    33        But all the staff who are doing 4.00 to close would not
    34        necessarily stop on until the restaurant was actually shut
    35        for the night.  There would be a minimum staff kept on to
    36        do that, the number of staff necessary to get the store
    37        cleaned up and ready for the opening shift the next
    38        morning.
    39
    40   Q.   But if they had been scheduled to 12.00 and they had not
    41        finished cleaning up and, say, they had arranged to meet
    42        someone or they are exhausted, or whatever, the Manager has
    43        the right to say:  "I am sorry, you cannot go home; you
    44        have got to stay until we have done this work"?
    45        A.  He would have, but I would expect that a reasonable
    46        Running Shift Manager would try to get those away at
    47        midnight who wanted to get away, who had reasons for
    48        getting away, and keep those on who wished to work overtime
    49        or wished to work later or until the early hours of the
    50        morning. 
    51 
    52   MR. JUSTICE BELL:  It is a two-way thing, is it not? 
    53        A.  Yes.
    54
    55   Q.   You would expect the Manager to be reasonable; you would
    56        expect the Crew Manager to say to his Manager:  "I may have
    57        a problem tonight.  I do not want to stay beyond such and
    58        such", and you would hope one could accommodate -----
    59        A.  That is right.  That is what I would expect, my Lord.
    60        There may very well be the very odd occasion when a Manager

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