Day 167 - 02 Oct 95 - Page 68


     
     1        scheduled hours.  That is one of the reasons I thought,
     2        although it is not the way you are putting it, but what is
     3        actually scheduled may, in fact, be more important than
     4        what was actually done.
     5
     6   MR. MORRIS:  Yes.  The time sheets of what actually was done
     7        also relate to the breaks which is a matter that Mr. Logan
     8        has raised in his statement as well.
     9
    10   MR. JUSTICE BELL:  I know.  You sit down.  Do be realistic about
    11        what you can start of with as some samples, and then I will
    12        hear any further argument.  I am not making any kind of
    13        direction, Mr. Rampton, but it would help me to have some
    14        idea of what is available so far as the schedule is
    15        concerned.
    16
    17   MR. RAMPTON:  I know exactly what is in your Lordship's mind
    18        and, if I may respectfully say so, it is the same as what
    19        is in mine.  I do not mind making any amount of discovery
    20        provided it has a purpose.  My heart sank when I heard what
    21        Mr. Morris said.  It seems to me he simply does not focus
    22        on what the documents might actually mean.  Without the
    23        witness to explain and say:  "Well, I did not want to be
    24        scheduled those hours" or "I was forced to work extra hours
    25        though my schedule said less", without those witnesses,
    26        they do not tell us anything.
    27
    28   MS. STEEL:  They do tell us actually that the Company policy of
    29        not working more than 39 hours a week is being continually
    30        ignored.
    31
    32   MR. JUSTICE BELL:  I will say it one last time:  For the time
    33        being, I am contemplating schedules for a period of time
    34        and it would help me to know when we move from the two or
    35        three sheets to the 10 sheets for -----
    36
    37   MR. RAMPTON:  We will tell your Lordship that as soon as we
    38        can.
    39
    40   MR. JUSTICE BELL:  When we do come back in the morning, no
    41        doubt, there will be some further discussion as to that.
    42        Whatever the answer is to that, I want to spend tomorrow
    43        with Mr. Richards giving evidence.  Therefore, it will
    44        involve cross-examination with Mr. Richards.  If there is
    45        documentation which, in fairness, demands his recall in the
    46        future, then so be it.  But I do not think we want anyone
    47        to assume that if Mr. Richards leaves the witness box,
    48        cross-examination having gone as far as it has done, if
    49        there is further documentation then revealed that it will
    50        necessarily mean that he is recalled. 
    51 
    52        In those circumstances, I might very well say:  "Before we 
    53        start recalling people, I want to hear what Mr. Logan
    54        says", and then I will make a decision on whether any
    55        recalling is, in fairness, required or not.
    56
    57   MR. RAMPTON:  I am grateful to your Lordship.
    58
    59   MR. JUSTICE BELL:  Yes.  10.30.
    60

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