Day 134 - 13 Jun 95 - Page 66
1 reach a deadlock. Unless you want to challenge the
2 percentages which have been given for those who are
3 part-time and those who are full-time workers for some
4 specific purpose in the case, it seems to me there is no
5 point in this questioning. If you are making the point
6 that a person who is a part-time worker does not get
7 certain rights so far as unfair dismissal is concerned,
8 whereas a person who is a full-time worker does get certain
9 rights, the definition of whether the person is full-time
10 or part-time is absolutely out of McDonald's hands, because
11 what you have to look at it is how many hours the person
12 has worked, and then look at the statutory provision and
13 see whether they fit the bill of part-time or full-time
14 work. There is nothing McDonald's can do about that.
15
16 If you are suggesting that McDonald's engages people who
17 expect to work full-time but then only offers them a
18 certain number of hours a week which would put them in the
19 statutory definition of a part-time worker rather than a
20 full-time worker, then by all means put it to Ms. Mead.
21 But the definition of what is a part-time worker and what
22 is a full-time worker for the purposes of the protective
23 legislation in relation to unfair dismissal, is not up to
24 McDonald's.
25
26 MS. STEEL: You said in your examination-in-chief that it was
27 in relation to the personnel audit, I think, which had a
28 section about the employment of young people, under age
29 employees, under school leaving age and the employment of
30 under 18 year olds. You said that the Company keeps
31 statistics on that and they still do. What percentage of
32 employees are under school leaving age?
33 A. Could you repeat back to me what I am supposed to have
34 said about that yesterday, because I am sure I did not say
35 we kept percentages of people employed under school leaving
36 age?
37
38 Q. We were looking at document A.
39
40 MR. JUSTICE BELL: It is document A and it is the last but three
41 pages in that section, section 6.
42
43 MS. STEEL: Mr. Rampton asked you: "Does the Company still
44 collect figures or statistics about the employment of young
45 people?" That was in relation to this document?
46 A. Right, OK. I know what that was about. I think what
47 I understood him to be asking me was do we still monitor
48 and evaluate the employment of young people via an audit in
49 this way, and that is the question to which I thought I was
50 replying yes to because it is still assessed on audit.
51
52 Q. But the Company does not actually keep any statistics on it
53 then?
54 A. Well, it has the audits.
55
56 Q. But the results are not compiled?
57 A. No.
58
59 MR. MORRIS: One of the documents that we had employment of
60 young people, well, we had employment of crew by their age,
