Day 259 - 10 Jun 96 - Page 58
1
2 Q. Here we have a company that was systematically, while the
3 overtime laws were in force, failing to pay overtime
4 payments; none of the payslips mention overtime payments;
5 and, according to your evidence, he took no action about
6 it?
7 A. He would have been given -----
8
9 Q. If your evidence is true, that is?
10 A. I am under oath.
11
12 Q. Well, a lot of people are under oath -----
13 A. Thank you. I find that very insulting.
14
15 Q. I am saying, if your evidence is true ---
16 A. My evidence is true.
17
18 Q. -- he is completely incompetent, is he not?
19 A. No, I do not believe so.
20
21 MR. JUSTICE BELL: That begs the question of whether, in fact,
22 it was unlawful to do it this way; and no doubt if you are
23 going to press it, we will look carefully at the Act and
24 the regulations and decide. It as matter of law, anyway.
25
26 MS. STEEL: I could put an example to the witness. However,
27 bearing in mind that she says she does not know anything
28 about overtime payments, I do not know whether it is worth
29 it.
30
31 MR. JUSTICE BELL: The only question for me at the end of the
32 day is to decide whether, on the balance of probability,
33 Mr. Mills, the wages inspector who was responsible for
34 McDonald's -- or the area at least in which their
35 headquarters stood -- must have appreciated that they did
36 not pay more than standard rate during overtime hours and
37 apparently thought that was not worth taking up with the
38 Company. My answer may be that he, on the balance of
39 probabilities, must have realised or, on balance of
40 probabilities, he did not. It is just one component in a
41 body of evidence on the topic, quite apart from the
42 question of law, which is for me.
43
44 MR. MORRIS: He was not shocked that the only source of
45 information that would percolate through to the payroll
46 department about irregularities was from employees; the
47 only possibility was getting it from employees who
48 complained to their supervisors, the very people who may be
49 causing the problem, who were then expected to pass on that
50 information higher up and get themselves in trouble for
51 payment irregularities? Was he not shocked by that kind of
52 totally inadequate, no independent representation -----
53
54 MR. JUSTICE BELL: I am sorry. You see, you are going back to
55 comment. That is your comment. It is a question which
56 only packs any punch if it was shocking behaviour; and we
57 are right back where we started from: that is for me to
58 decide.
59
60 MR. MORRIS: OK. No further questions, then.
