Day 150 - 07 Jul 95 - Page 64


     
     1        children at school working ten to two, or whatever, because
     2        the school holidays would be a week or two weeks or in
     3        terms of going away on holiday there was no need to take
     4        them off the payroll.
     5
     6   Q.   There is not holiday pay for people then?
     7        A.  Yes.  What they would do, basically, while they worked
     8        is, I suppose, for every hour they worked they would
     9        accumulate a certain amount in a holiday pot, so to speak.
    10        So as you worked so many hours that was reflected in how
    11        much, and I do not remember how much it is; it is put aside
    12        as holiday pay.
    13
    14        So what would happen then was, in this case, if I was
    15        wanting to take a holiday, I would speak to the Manager and
    16        ask him to give me my holiday pay which would be listed in
    17        terms on the payroll, I think in terms of hours and a
    18        monetary sum, and for that week I was not working and not
    19        clocking in I would receive my accumulated holiday pay.
    20        So, in effect, I was being paid.
    21
    22   Q.   So a certain part of their wages when they are normally
    23        working was deducted to put into this holiday pot?
    24
    25   MR. JUSTICE BELL:  Do you mean deducted?  I thought what you
    26        were talking of was, I understand to be the normal
    27        arrangement, that when you work a certain amount you
    28        accumulate a certain amount of holiday for which you will
    29        be paid?
    30        A.  Right.
    31
    32   Q.   Let us suppose someone is going to get 12 days, to give you
    33        an example, just to illustrate the system, as I understand
    34        it, if they were a full-time worker, if they were going to
    35        have 12 days paid holiday a year, which should have been
    36        two and half weeks on top of public holidays, every month
    37        they worked they would accumulate a day; if they worked six
    38        months and then left, they would get six days holiday pay
    39        or they could have, if they worked the whole year, then
    40        they could take 12 days leave, and be paid for it.
    41
    42        Is what you are saying with the part-time workers they got
    43        so much an hour or was it a different system?
    44        A.  Well, it is broadly based on how you perceive it, but
    45        because in terms of part-timers they would, perhaps, only
    46        work six or so hours a week, then in terms of the number of
    47        hours and holiday pay that they started to accrue, would be
    48        significantly less than somebody who is doing 40 hours a
    49        week.
    50 
    51   Q.   I understand that, but they did actually accrue something, 
    52        did they? 
    53        A.  Yes, they did.  So, it would be up to them to make a
    54        decision whether or not they had accrued enough, let us
    55        say, seven days to take seven days off.  If they only, in
    56        effect, accrued four days, they could still take the week,
    57        but, in effect, they would be paid for those four.
    58
    59        So, basically, if as a full-timer, you worked more hours,
    60        then that was reflected in terms of a fairness that you did

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