Day 195 - 04 Dec 95 - Page 55


     
     1
     2   MR. JUSTICE BELL:  I have to say that is, I think, rather an
     3        oversimplification of the position, because some things
     4        which they say they may have the authority of the Company
     5        to say and some others they may not.
     6
     7   MS. STEEL:  Obviously, if they start talking about rain forests,
     8        or something like that ----
     9
    10   MR. JUSTICE BELL:  That illustrates the point.  You have to
    11        actually look at what they have said, look at the position
    12        they are in, and then the position may be (because I am
    13        putting this in less than dogmatic terms because I have not
    14        heard all the argument), what you may have to do is to look
    15        at who said it, what position they hold, the context in
    16        which it is said and what they have actually said.  Then
    17        looking at all those matters, say:  "Can we fairly ask the
    18        judge to say that was said with McDonald's authority and on
    19        their behalf?"
    20
    21        It is not just a question of saying:  "Well, that person
    22        was in charge of the store at the time, so anything which
    23        they said while they were in charge of the store must have
    24        been said on behalf of McDonald's".
    25
    26   MS. STEEL:  In relation to how that shift was run.
    27
    28   MR. JUSTICE BELL:  Let us wait and see.  My purpose -- it was
    29        meant to be a short intervention and it has taken nearly
    30        quarter of an hour -- my sole purpose in mentioning it at
    31        this stage is that I do not want you to be under any
    32        allusion that the matter is just as clear cut as you might
    33        have been suggesting earlier this afternoon.  I want you to
    34        be aware of the possible difficulty.  Do you understand?
    35
    36   MS. STEEL:  Yes, but we are intending to get legal advice to
    37        deal with this.
    38
    39   MR. JUSTICE BELL:  Very well.  Although it has taken longer than
    40        I expected, I will come back at 5 to 3.
    41
    42                            (Short Adjournment)
    43
    44   MR. RAMPTON:  Mr. Alimi, I would like you to turn back to page 4
    45        of your first statement ---
    46        A.  Yes.
    47
    48   Q.   -- and to have your diary beside you.  Before we look at
    49        the copies which we have got and the statement, could you
    50        open the diary, please, at Sunday, July 20th?  My Lord, as 
    51        nobody has that copy of this, perhaps if I just read them 
    52        out and Mr. Alimi will confirm I have written it down 
    53        correctly?
    54        A.  Yes.
    55
    56   Q.   Here you have written, I take it, what are the hours you
    57        were scheduled to work during this week?
    58        A.  That is correct.
    59
    60   Q.   Am I right that Sunday, 20th, you were scheduled to work

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