Day 118 - 01 May 95 - Page 23


     
     1
     2   MR. MORRIS:  So the supervisors would check the individuals that
     3        are down in your fortnightly system of pay printouts, they
     4        would check the individuals that have worked over 78 hours?
     5        A.  Yes, that is what it is set out for.
     6
     7   Q.   So are we talking about a handful of individuals per region
     8        then?
     9        A.  As many as are in the report.
    10
    11   MR. JUSTICE BELL:  You are asked would that tend to be handful
    12        of people or a lot of people.  Have you actually seen them
    13        yourself?
    14        A.  They vary month by month.  I have seen the analysis.
    15
    16   Q.   As a matter of routine?
    17        A.  Yes, the analysis, yes.
    18
    19   MR. MORRIS:  Would it be a handful of people or would it be
    20        hundreds of people?
    21        A.  It would not be a lot, not for one Human Resource
    22        officer, or one supervisor.  The supervisor has three
    23        restaurants on average.  It would be a handful of people to
    24        him.
    25
    26   Q.   So every fortnight each supervisor checks the individuals
    27        that have worked more than 78 hours a week?
    28        A.  I would not say he checks them all.
    29
    30   Q.   78 hours a fortnight, sorry?
    31        A.  Would I would not say he checks them all.  He would
    32        have a good idea of the people in his restaurant.  He will
    33        have a good idea what their rates of pay are.  He would
    34        have a good idea as to whether or not they are in danger of
    35        contravening the Wages Council.  They are the ones he would
    36        go and check.  They know their stores and they know their
    37        people.
    38
    39   Q.   So it is based on trust, is it?  Or turning a blind eye?
    40        A.  I do not think that is trust.
    41
    42   Q.   Turning a blind eye?
    43        A.  No.
    44
    45   MR. JUSTICE BELL:  You had better put what the blind eye is.
    46
    47   MR. MORRIS:  Basically they that do not ask anything questions,
    48        do they, because they know the law has been breached?
    49        A.  Who do not?
    50 
    51   Q.   The supervisors? 
    52        A.  Of course they do not. 
    53
    54   MR. JUSTICE BELL:  Mr. Morris you have to give a bit of thought
    55        to your questions.  It is no use asking if they turned a
    56        blind eye because they know the law has been breached.  It
    57        is no putting it to Mr. Nicholson when he has said, rightly
    58        or wrongly, that the law is not being breached.
    59
    60   MR. MORRIS:  I am finding the whole line we are moving into a

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