Day 171 - 11 Oct 95 - Page 16
1 blanked out by the Plaintiffs, that all the matters on the
2 documents are relevant, and whether it helps or does not
3 help the Plaintiffs is the way things are. Basically, if
4 they are relevant to the evidence, then they should be
5 disclosed. If there is any enquiry into that, then --
6 I give you an example: Mr. Logan, on page 2 of his
7 statement.
8
9 MR. JUSTICE BELL: I have got your point
10
11 MR. MORRIS: You have got the general point, OK. He also refers
12 in the statement not just to the scheduling used as a tool
13 of discipline, common practice for that; he also refers to
14 breaks, for example: "Employees' rights to a break were
15 often abused especially during periods of high volume", and
16 he makes various allegations about breaks. I do not know
17 if the breaks are shown on clock cards but, in any
18 event -----
19
20 MR. JUSTICE BELL: Mr. Rampton has suggested that they will be
21 shown on the clock card sheets.
22
23 MR. RAMPTON: They are. I have seen them.
24
25 MR. JUSTICE BELL: So you -----
26
27 MR. MORRIS: I will come to that in a minute, about the
28 specifics, yes. I am just making the general case that all
29 the information contained in the documents that we are
30 applying for goes to issues that are in dispute in this
31 case and in dispute in these witnesses. It is not just
32 thrown in because it might be helpful. I mean, the breaks
33 are part of the evidence.
34
35 Also, in his letter he wrote to the employment office on
36 his resignation, he also refers to understaffing occurring
37 frequently in order to reduce the labour percentage; and,
38 therefore, the time that people are scheduled -- when
39 Mr. Logan comes to give his evidence and he looks at the
40 documents, he will be able to point to us and explain to
41 the court how he says these documents back up what he says
42 about understaffing in general. So the all the information
43 on the schedules and clock card sheets and weekly time
44 sheets, or any other documents relevant to when people
45 worked, for all of the staff named on them, is relevant.
46 So that is the sort of kind of background.
47
48 MR. JUSTICE BELL: Just pause there. Yes.
49
50 MR. MORRIS: Going through the 14 categories sought: the
51 personnel file of Michael Logan, off the top of my head,
52 apart from his PRs (performance reviews), details of any
53 complaints he made about matters raised.
54
55 MR. JUSTICE BELL: It has to be a document. So you are
56 suggesting there might be a complaint letter or copy of
57 that, are you? You say details of any complaints -----
58
59 MR. MORRIS: It would be have to be something in a document in
60 his file, yes.
