Day 121 - 04 May 95 - Page 16
1 will be in a position where he has got to go: "I am sorry,
2 but I must get the store closed and I need you to work",
3 but I would have thought that would be extremely rare. Any
4 reasonable manager would try to meet the requests of the
5 crew person.
6
7 MR. MORRIS: So, on those rare occasions where a crew member
8 would not be allowed to go home, it would be those rare
9 occasions where they did not have enough to complete the
10 close without that person; is that correct?
11 A. Well, I have no doubt it happened, but a reasonable
12 manager would put the case to him and a reasonable crew
13 person would say: "All right then, let me make a phone
14 call" or whatever.
15
16 Q. But, if on rare occasions -- as you said, it is rare
17 occasions -- that a crew person was basically told they
18 could not go home and had to complete the close -----
19 A. Well, again, I am in the world of make-believe again.
20 I have never been in that situation. I am just telling you
21 what I expect would take place. There would be some give
22 and take on both sides.
23
24 Q. But management has that power to do that if they cannot
25 complete -- I am just trying to establish -----
26
27 MR. JUSTICE BELL: If it comes to a confrontation and they
28 cannot sort it out, the Manager has the right ---
29 A. Has the ultimate right to say: "Well, you have got to
30 stay".
31
32 Q. -- to say: "Well, if you go, you are going in breach of my
33 instruction"?
34 A. That is right.
35
36 Q. It would be a strange world if that did not happen?
37 A. And I am sure it must have happened at times.
38
39 Q. What I may have to sort out is whether it is happening
40 quite a lot or whether it is just one of those
41 confrontations ---
42 A. Yes.
43
44 Q. -- which do happen from time to time?
45 A. I would have thought if it happened a lot that would
46 become known very quickly in the region. It would be
47 brought to the attention of the regional supervisory staff
48 and to the regional personnel staff who would take the
49 appropriate steps to correct it.
50
51 MR. MORRIS: So, it would be corrected because it is something
52 that you would not want to see happening?
53 A. Correct.
54
55 Q. If it did happen, is it an indication of poor personnel
56 practice?
57 A. I do not know, I cannot .....
58
59 Q. Under-staffing may be?
60 A. I do not know what would be the reason.
