Day 140 - 22 Jun 95 - Page 34
1 A. I am not sure I follow what you are asking.
2
3 Q. From what other source can someone from the Company see how
4 many hours the crew have been working?
5 A. It would come off the computer. It is fed into the
6 computer, and it comes off the computer.
7
8 MR. JUSTICE BELL: I think you may be at cross purposes. You
9 just said: "Franchisees do not have to make payroll
10 records"?
11 A. That is correct.
12
13 Q. That may of course not deal with whether, as it happens,
14 they are willing to most of the time if asked. You have
15 not been asked about that yet. What you are being asked at
16 the moment is where would you get ---
17 A. The Company.
18
19 Q. Yes -- details of pay, unless it came off a franchisee's
20 payroll record, computerised or otherwise?
21 A. OK. The last part, I do not understand what you are
22 saying. Are you saying the licensee's records -----
23
24 Q. Yes.
25 A. How would I get the licensee's records?
26
27 Q. Yes.
28 A. OK. I misunderstood.
29
30 Q. Or how would you get the information which is on those
31 records?
32 A. They would have to physically, as they did for us and
33 TFP & C -- some of them for us, not all of them -- they
34 have to physically get their payroll records and send them
35 to us; that is how we would get them. We do not have them
36 on our computer, if that is the question.
37
38 MS. STEEL: That is a routine matter, is it?
39 A. Excuse me?
40
41 Q. That is routine that they send the payroll records?
42 A. No, it is not. It is highly unusual. We do not keep
43 information like that of our owner/operators.
44
45 MR. JUSTICE BELL: I think what you are saying is that you have
46 no right to demand them, but if on some special occasion
47 you ask for them, they are normally given to you?
48 A. That is correct, my Lord.
49
50 MS. STEEL: Within the store, where does an owner/operator or
51 manager keep a record of the hours that crew are working,
52 have worked within -----
53 A. It depends upon if they have a computerised system or
54 just a ledger system, a hand system, or it depends upon if
55 they use a payroll service, an outside payroll service. It
56 will vary.
57
58 Q. Would it basically be found within payroll information?
59 A. I am not sure I understand what you are asking. We are
60 talking about payroll information.
