Day 166 - 28 Sep 95 - Page 54
1 A. That is certainly a possibility.
2
3 Q. That is what ----
4 A. He changes his availability for a certain period of
5 time.
6
7 Q. In fact, you say he has not done that, but that is the end
8 of the stick which Nicholas Magill may have got; that is
9 your explanation?
10 A. Yes.
11
12 MR. JUSTICE BELL: Just let me make a note.
13
14 MR. MORRIS: But in terms of double shifts, obviously not 24
15 hours admittedly, but how many people would work double
16 shifts or how often would that happen or what circumstances
17 would that happen in?
18 A. When people call in sick or no shows.
19
20 Q. You then said in your statement, "It is possible that when
21 a restaurant was very busy a crew member may go five hours
22 without a break"; what disciplinary action was taken
23 against management for allowing a crew member to work for
24 five hours without a break that you can remember?
25 A. None.
26
27 Q. Does it not matter to you when your Managers break policy
28 or even Crew Handbook stated conditions of employment?
29 A. Would it matter to me?
30
31 Q. Yes.
32 A. Yes; for rare occurrences or as the norm? Obviously,
33 if it is for the norm I would be very concerned, but I did
34 not operate in that manner.
35
36 Q. So if they break the terms and conditions of their
37 employment as identified in the Crew Handbook, all the time
38 that we can see, but if they only break it every now and
39 again when it suits the management, that was fine as far as
40 you are concerned?
41 A. There might be various reasons why, perhaps, somebody
42 would not even want to go on a break when asked. They
43 might want to go later for their own reasons. They might
44 want to go to the bank at a later time and during a later
45 time they want to conduct some personal business.
46
47 MR. JUSTICE BELL: By break, what are you talking of?
48
49 MR. MORRIS: We are talking about a meal break.
50
51 MR. JUSTICE BELL: Yes.
52
53 MR. MORRIS: I am just checking what it was directly responding
54 to. I think he is referring here to ----
55
56 MR. RAMPTON: My Lord, it is the follow-on statement of
57 Mr. Magill.
58
59 MR. JUSTICE BELL: Yes, on the first page.
60
