Day 140 - 22 Jun 95 - Page 56


     
     1   MR. JUSTICE BELL:  Are we going to come back to your Kingfisher
     2        blue volume?
     3
     4   MR. MORRIS:  We may do, yes.
     5        A.  Which tab are we on?
     6
     7   MS. STEEL:  Tab 90.  It is the letter to Mr. Quinlan but it says
     8        at the top there is a note from Shelby Yastroe
     9        saying: "Stan, Mike sent this to me but I believe the
    10        issues that need answers are more in your ball park than
    11        mine.  Could you have someone reply".  Did you reply to
    12        this letter, do you know?
    13        A.  I would think we had, yes.
    14
    15   Q.   In the second paragraph, the second lot of underlining,
    16        they say: "Secondly we have also heard that McDonald's tend
    17        to do a great deal of part-time hiring to save the expenses
    18        incurred in paying for benefits". Is that correct?
    19        A.  No.
    20
    21   Q.   Are there less expenses for part-time workers in terms of
    22        paying for benefits than full-time workers?
    23        A.  No.
    24
    25   Q.   There is no difference at all?
    26        A.  No.
    27
    28   Q.   Do part-time workers in the States have exactly the same
    29        employment rights as full-time workers?
    30        A.  Yes.  There is no law requiring one to have one or the
    31        other.  The laws cover them in the same way.
    32
    33   Q.   I do not think that was what I was trying to ask.
    34
    35   MR. JUSTICE BELL:  Forget theory for a moment, but is there any
    36        particular way in which the Corporation, or one of its
    37        franchisees, might be better off so far as paying benefits
    38        is concerned, or the crew member might be the worse off by
    39        being employed part-time apart from any pro rata estimate
    40        of benefit so far as the crew member is concerned, i.e. if
    41        you are only working half the hours, I can see maybe a crew
    42        member may get half the benefit, but then presumably the
    43        franchisee has to employ two people half the time and might
    44        end up paying the same total benefit.  But is there any way
    45        in which franchisee or McDonald's can save paying benefit
    46        by employing half part-time?
    47        A.  No, my Lord, there is not.  There is nothing that is
    48        required of full-timers that then is not required of
    49        part-timers.  There is no difference in benefits as far as
    50        legal requirements are concerned. 
    51 
    52   MS. STEEL:  What about in terms of, for example, if a crew 
    53        member made an allegation of unfair dismissal, would they
    54        have had to have been working for McDonald's for a certain
    55        period for that to be allowed?
    56        A.  No.  From day one, whether you are part-time or
    57        full-time, you would have the same rights and privileges.
    58
    59   MR. MORRIS:  The differential which has been admitted by the
    60        Corporation, although the actual amount is in contest, the

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