Day 119 - 02 May 95 - Page 36
1 aspect. They would be responsible for noting -----
2
3 Q. So, in fact, there would be a incident report form for this
4 then?
5 A. No, not necessarily, not necessarily.
6
7 Q. Why not?
8 A. Because I do not know what the explanation was.
9
10 Q. There cannot be an explanation, can there?
11 A. Oh, yes.
12
13 Q. For five breaches of law in this country, how can there be
14 an explanation?
15 A. There could easily be an explanation. I do not know
16 about -----
17
18 MR. JUSTICE BELL: No, no, it is fundamental to distinguish
19 between an explanation and an excuse. There is always an
20 explanation of anything, however wicked it is.
21
22 MR. MORRIS: Say the Manager broke down in tears and said that
23 he was having a mental breakdown at the time; it still
24 would not be an excuse, would it? There would still be an
25 incident report form filled out.
26
27 MR. JUSTICE BELL: It might be an explanation, you see.
28
29 MR. MORRIS: Yes, but all I am saying is -----
30
31 MR. JUSTICE BELL: I hope that McDonald's, if it finds breaches
32 of the law or anything else, enquires into the matter ---
33 A. Absolutely.
34
35 Q. -- and takes all the circumstances into account which may
36 be aggravating, so far as the Manager is concerned, or
37 mitigating so far as the Manager is concerned?
38 A. And they do.
39
40 Q. That someone tries to reach a sensible conclusion as to
41 what, if any, disciplinary course is to be taken. What,
42 I would have thought, Mr. Morris's main point is is how
43 this goes undiscovered, which is why I asked you whether
44 supervisors really check all the sheets or do spot checks
45 from time to time. I mean, I will be quite open; I would
46 have thought that supervisors would be having nervous
47 breakdowns all over the country if they had to check every
48 sheet, but you say they do?
49 A. No, they would do -- no, I said I did when I went into
50 Ireland, but I would have thought the majority do spot
51 checks and they look at those areas that are particularly
52 dangerous to us, young children.
53
54 Q. So they ought to be checking the under 18s and they ought
55 to be checking, particularly, the "F" for "female" under
56 18s?
57 A. Yes.
58
59 Q. Because ---
60 A. There are restrictions on until 10 o'clock.
