Day 182 - 02 Nov 95 - Page 24


     
     1        referring to in my statement is that at that time I did not
     2        have a shower at home, and I had showered at McDonald's for
     3        about a year because the restaurant was quite close to my
     4        home.  So I used to go down there pretty often naturally to
     5        shower, and there had been no opposition to that.
     6
     7        But as this Martin Graham, he was in the store as the
     8        supervisor, talking to the employees, he said that -- he
     9        quoted the crew manual which states that you are not
    10        allowed to arrive at the restaurant earlier than 30 minutes
    11        before you are scheduled to start work, and you must leave
    12        the restaurant no later than 30 minutes after you have
    13        finished and, consequently, I had no business being there.
    14        So I had to find a shower elsewhere.
    15
    16   Q.   Mr. Holm says in his statement, his second supplementary
    17        statement, paragraph 11:  "As far as Jenssen being banned
    18        from the restaurant during non-working hours is concerned,
    19        this is correct, as he was in one of the crew working areas
    20        behind the counter whilst off duty.  No employees are
    21        allowed in working areas when not on duty for safety
    22        reasons".  Is there any comment you want to make on that?
    23        A.  Well, I was never in the working areas.  When I entered
    24        the restaurant I went up the stairs into the first floor
    25        and by a door there into the crew areas where are the
    26        changing room, the showers, the offices.  So I was never
    27        behind the counter or in the kitchen or in any other
    28        working areas.
    29
    30   Q.   OK.  Regarding the -- paragraph 6 in his first
    31        supplementary statement, that is, tab 24 -- 18 year olds
    32        who worked illegal hours, which you have already given
    33        evidence in your statement.  In that paragraph, Mr. Holm
    34        admits it happened, although he says on a very small number
    35        of occasions, that they worked after 11 o'clock.   He says:
    36          "The law in Norway is that under-18s are not allowed to
    37        work after 11 p.m." but then he said later on that
    38        McDonald's Norway was informed, according to the
    39        regulations, it is legal for under 18 year olds to work
    40        until 12 midnight.  So, that might be thought to be
    41        contradictory, unless their advice was wrong.  But you do
    42        have a copy of the law, and this is where I think it is
    43        important to refer to it.
    44
    45   MR. RAMPTON:  No, my Lord, this is where we get into -----
    46
    47   MR. MORRIS:  We are going to get a copy of this in English.
    48
    49   MR. RAMPTON:  No, it is not a question of getting a copy of it
    50        in English.  I am sorry about this, but we have spent an 
    51        awful lot of time going over what really is most 
    52        uncontroversial material, much of it hearsay, as far as 
    53        I can tell.  This is where we run into problems.  Your
    54        Lordship asked about Mr. Jenssen's qualifications.  As your
    55        Lordship has observed, he is obviously well educated and
    56        intelligent, but he is not a Norwegian lawyer.
    57
    58   MR. JUSTICE BELL:  I am sorry, Mr. Morris, you cannot ask him to
    59        look at it.  Any finding I made on the base of it would be
    60        fundamentally flawed.

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