Day 119 - 02 May 95 - Page 42
1 Q. So it could apply to any store?
2 A. Oh, yes.
3
4 Q. Because you did say, in evidence-in-chief, that the long
5 hours generally applied to large stores.
6 A. I think it could apply anywhere.
7
8 Q. Do all your employment policies and procedures, where they
9 exist, for ensuring that your policies are carried out, do
10 they apply to your franchisees as much as they apply to the
11 other stores?
12 A. Well, those that are setting out legal requirements
13 do. Those that are setting company policy do not. A
14 franchisee is an independent businessman.
15
16 Q. Yes, but it is a McDonald's stores is it not?
17 A. No, we own the property. But the business belongs to
18 the franchisee and he -----
19
20 Q. Yes, but it is part of McDonald's system, is it not?
21 A. Yes, it is part of McDonald's system but he dictates
22 the rates of pay for his crew; how often they get a
23 performance review. It is entirely a matter for him.
24
25 Q. What I am trying to say is, assuming they are part of the
26 McDonald's system, how do you ensure that the standards
27 which you claim to exist in your stores also apply to
28 franchisees?
29 A. Field Service Department.
30
31 Q. What was that department - Field Service?
32 A. Field Service Department are a dedicated department of
33 very experienced operational people -- minimum position
34 supervisor, whose responsibility is to ensure that the
35 franchised stores adhere to the system. But within that
36 franchisees has a degree of -----
37
38 Q. Leeway?
39 A. Freedom, that is right.
40
41 MR. JUSTICE BELL: I just want to make sure I understand it
42 correctly. I understand that the franchisee must abide by
43 legal requirements, but the trying to avoid overtime, that
44 is working more than 39 hours a week, would not apply to a
45 franchisee?
46 A. No, he would set his own rules for that one, sir. He
47 has to abide by the instructions we lay down on product,
48 holding time, things like that.
49
50 Q. I understand that.
51 A. When it comes to his employees he sets his own rules,
52 as long as he is within the legal requirements.
53
54 Q. So a franchisee could, if he wanted, pay a basic rate, then
55 time and a half over 39 hours?
56 A. Indeed.
57
58 Q. He would not have to stick to -----
59 A. Indeed he could pay more than we do. To guide them we
60 issue them with what we are paying both managers and crew
