Day 118 - 01 May 95 - Page 64


     
     1        A.  Well, I do not know what the illegalities are, but his
     2        Lordship should said if, for instance, it was something to
     3        do with employment law, yes, it would be looked at by
     4        personnel; yes, they would be conscious of whether a trend
     5        was developing and take the appropriate action.
     6
     7   Q.   Right, as Head of Personnel, between, was it, 1986 and 1991
     8        or was it 1984?
     9        A.  1984.
    10
    11   Q.   What were the trends that you can remember of infringements
    12        of McDonald's policies or illegalities?  What are some of
    13        the things which your department identified as being -----
    14
    15   MR. JUSTICE BELL:  You had better ask him if there were any
    16        trends, first of all.
    17
    18   MR. MORRIS:  Did you discover when you were monitoring problems
    19        any trends or patterns?
    20        A.  Of illegal occurrences?
    21
    22   Q.   Legal or infringement of your policies.
    23
    24   MR. RAMPTON:  Perhaps, my Lord, one ought to deal with them
    25        separately.
    26
    27   MR. JUSTICE BELL:  Yes.  I suggest you divide them up because
    28        then we know exactly what we are on.  Deal with the greater
    29        first, illegality of some kind or other.
    30
    31   MR. MORRIS:  Yes.  (To the witness):  What about illegalities?
    32        What kind of things came to your Department's attention?
    33
    34   MR. JUSTICE BELL:  Can I interrupt again?  You were being asked
    35        about trends.
    36        A.  Yes, I cannot think of any.  Trends of illegal actions
    37        within our restaurants?
    38
    39   MR. MORRIS:  You cannot recall anything or think of anything?
    40        A.  No.  I can think of when things have gone wrong on a
    41        single occasion, but not trends.
    42
    43   Q.   What kind of single occasion?  Give us some examples.
    44
    45   MR. RAMPTON:  My Lord, I am not sure about this.  This seems to
    46        me a bit like a trawl by Mr. Morris.  He has managed to
    47        allege one or two things in the Defence.  I am not sure he
    48        is entitled to trawl Mr. Nicholson's memory of incidents of
    49        which the Defendants have no knowledge and have not pleaded
    50        and have no evidence about. 
    51 
    52   MR. JUSTICE BELL:  I think you may be right, but having got this 
    53        far, all you are being asked is whether you can remember
    54        any specific instances.  I am assuming that from time to
    55        time in any -- may be I will persuaded I should not assume
    56        it -- large organisation which has a series of outlets
    57        which are managed by people, some of whom may be better
    58        than others at doing their jobs, you are going to get
    59        transgressions of one kind or another?
    60        A.  Of course you are, yes.

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