Day 133 - 12 Jun 95 - Page 54
1 does not matter; it can be picked up later if need be.
2
3 MR. RAMPTON: Yes. In fact, what appears to have been happened,
4 looking at what I have on my calculator, is that the weekly
5 averages have actually been divided by 39 rather than an
6 hourly rate multiplied by 39.
7
8 THE WITNESS: Yes.
9
10 MR. RAMPTON: I say that because if you multiply the figures in
11 brackets for the industry at large by 39, you get much
12 greater variance in the weekly figure than if you divide
13 the weekly figure by 39. You get much closer to the hourly
14 rate though you do not often get it exactly.
15
16 MR. JUSTICE BELL: But are you saying that in relation to
17 non-McDonald's?
18
19 MR. RAMPTON: Yes, the non-McDonald's. It looks as though the
20 weekly figure has been taken and divided by 39 and rendered
21 to the nearest decimal point.
22
23 MR. JUSTICE BELL: Yes, thank you.
24
25 MS. STEEL: I cannot actually find what I am looking at, but
26 I will just clarify one thing: So, the position basically
27 is that if someone comes back within one or two months of
28 leaving, then they may be taken on at the rate that they
29 left at?
30 A. Yes, they may be. That is quite usual. There are,
31 obviously, a number of factors to take into consideration
32 but that would be quite usual.
33
34 Q. If it is longer than that then they would just go back to
35 the starting rate?
36 A. I think it would depend on the circumstances. I would
37 need to know more about the circumstances to comment any
38 further.
39
40 Q. I have a problem. I mean, our witness, Joanne Bishop,
41 restarted -- I cannot find out when she left, but I know it
42 was within a matter of eight months at the most that she
43 restarted. She started at the basic rate. So, is there a
44 cut-off point?
45 A. Well, as I say, there are a number of factors and it
46 would depend on her length of service, what she left as,
47 what she was coming back as and various other things that
48 would need to be considered in the light of a particular
49 individual.
50
51 Q. Does the Company lay down guidelines on it?
52 A. No, I do not think so. I do not think I have ever seen
53 anything in writing in that way because it is something
54 that is discretionary.
55
56 Q. So some stores, may be they are all taking them back on,
57 they are taking everyone back on at the minimum rate, the
58 basic rate, and other stores they may be paying them more?
59 A. I think that is unlikely, because I think the guideline
60 is clear, that you look at what the person was doing before
