Day 119 - 02 May 95 - Page 59


     
     1        It may be when Mrs. Mead comes that you will be able to
     2        find more about that, and you will be able to lay your
     3        ground for a claim that they are admissible.  At the
     4        moment, they seem to me to be no more than another way of
     5        saying what people have said about their reasons for
     6        leaving which appears to me at the moment, without having
     7        heard full argument on it, to fall foul of the hearsay
     8        rule.
     9
    10   MR. MORRIS:  With respect, I do not think it does in terms of it
    11        not being a relevant document, because -----
    12
    13   MR. JUSTICE BELL:  It cannot be relevant if its contents are
    14        inadmissible.
    15
    16   MR. MORRIS:  Not if their Company believes that the information
    17        is relevant to its understanding of the situation and
    18        compiles it.  What conclusion we draw, we cannot see until
    19        we see the document.  If it helps the court, the Operations
    20        Manual, which is a binding document on all McDonald's
    21        branches and stores, on page internal 87 of that file there
    22        is, in fact, causes of turnover -----
    23
    24   MR. JUSTICE BELL:  Just pause.  Give me the reference to it.
    25
    26   MR. MORRIS:  It is Operations and Training Manual.  There is a
    27        specific file that is called the Operations and Training
    28        Manual.
    29
    30   MR. JUSTICE BELL:  Yes.
    31
    32   MR. MORRIS:  Pink X, we think it might be, it is the thin one.
    33
    34   MR. JUSTICE BELL:  What do you want to refer me to there?
    35
    36   MR. MORRIS:  On page 87, under "Retention of Crew", "Staffing
    37        and retention are closely related issues.  Many problems
    38        are the by-products of under-staffing.  Under-staffing puts
    39        additional pressure on everyone and results in frustration
    40        for management and crew.  Causes of turnover:  It is
    41        crucial to understand the reasons why"  -----
    42
    43   MR. JUSTICE BELL:  Just pause there because, you see, if
    44        I recall Ms. Mead's statement, she gives some reasons that
    45        she will not only explain to us how turnover is calculated,
    46        she gives reasons why she would suggest -- at the moment it
    47        looks as if the Second Plaintiff is going to call her --
    48        turnover, which might appear to be high, has a perfectly
    49        innocent explanation.  It is to do with people who come and
    50        work while they are students, or who have found a window in 
    51        their domestic duties which enables them to come and work 
    52        for a while, and so on.  When they leave because that 
    53        window has been shut or they have to go back to their
    54        studies, that is counted as leaving, that sort of thing.
    55
    56        You are going to, I assume, challenge that and say:  "No,
    57        part of it is because they are dissatisfied with their
    58        working conditions at McDonald's".  It may very well be
    59        that whether any document which has been prepared which
    60        purports to portray the reasons given for leaving is

Prev Next Index