Day 182 - 02 Nov 95 - Page 24
1 referring to in my statement is that at that time I did not
2 have a shower at home, and I had showered at McDonald's for
3 about a year because the restaurant was quite close to my
4 home. So I used to go down there pretty often naturally to
5 shower, and there had been no opposition to that.
6
7 But as this Martin Graham, he was in the store as the
8 supervisor, talking to the employees, he said that -- he
9 quoted the crew manual which states that you are not
10 allowed to arrive at the restaurant earlier than 30 minutes
11 before you are scheduled to start work, and you must leave
12 the restaurant no later than 30 minutes after you have
13 finished and, consequently, I had no business being there.
14 So I had to find a shower elsewhere.
15
16 Q. Mr. Holm says in his statement, his second supplementary
17 statement, paragraph 11: "As far as Jenssen being banned
18 from the restaurant during non-working hours is concerned,
19 this is correct, as he was in one of the crew working areas
20 behind the counter whilst off duty. No employees are
21 allowed in working areas when not on duty for safety
22 reasons". Is there any comment you want to make on that?
23 A. Well, I was never in the working areas. When I entered
24 the restaurant I went up the stairs into the first floor
25 and by a door there into the crew areas where are the
26 changing room, the showers, the offices. So I was never
27 behind the counter or in the kitchen or in any other
28 working areas.
29
30 Q. OK. Regarding the -- paragraph 6 in his first
31 supplementary statement, that is, tab 24 -- 18 year olds
32 who worked illegal hours, which you have already given
33 evidence in your statement. In that paragraph, Mr. Holm
34 admits it happened, although he says on a very small number
35 of occasions, that they worked after 11 o'clock. He says:
36 "The law in Norway is that under-18s are not allowed to
37 work after 11 p.m." but then he said later on that
38 McDonald's Norway was informed, according to the
39 regulations, it is legal for under 18 year olds to work
40 until 12 midnight. So, that might be thought to be
41 contradictory, unless their advice was wrong. But you do
42 have a copy of the law, and this is where I think it is
43 important to refer to it.
44
45 MR. RAMPTON: No, my Lord, this is where we get into -----
46
47 MR. MORRIS: We are going to get a copy of this in English.
48
49 MR. RAMPTON: No, it is not a question of getting a copy of it
50 in English. I am sorry about this, but we have spent an
51 awful lot of time going over what really is most
52 uncontroversial material, much of it hearsay, as far as
53 I can tell. This is where we run into problems. Your
54 Lordship asked about Mr. Jenssen's qualifications. As your
55 Lordship has observed, he is obviously well educated and
56 intelligent, but he is not a Norwegian lawyer.
57
58 MR. JUSTICE BELL: I am sorry, Mr. Morris, you cannot ask him to
59 look at it. Any finding I made on the base of it would be
60 fundamentally flawed.
