Day 118 - 01 May 95 - Page 52


     
     1        to do something like that and actually something having
     2        been printed out which is still in existence, Mr. Morris.
     3
     4   THE WITNESS:  When I created -----
     5
     6   MR. JUSTICE BELL:  It is one thing if things are churned out as
     7        a matter of course and kept for so many months; it is
     8        another being able to print out a particular piece of
     9        information from the computer and then keeping the
    10        printout.
    11
    12   MR. MORRIS:  If we can just consider that as a formal ---
    13
    14   MR. JUSTICE BELL:  I do not know what are actually asking for.
    15
    16   MR. MORRIS: -- request.  If the ability exists to print out
    17        -----
    18
    19   MR. JUSTICE BELL:  No, it does not mean say you have taken
    20        advantage of it.  I can word-process stuff into my
    21        computer.  Then I can print out of it that which I want.
    22
    23   MR. MORRIS:  Yes.
    24
    25   MR. JUSTICE BELL:  I can have second thoughts and eliminate it
    26        and it is no longer on the computer.  It does not matter
    27        for your purposes, does it, because the fact that it can be
    28        done in an exceptional circumstance, if required, may be
    29        neither here nor there.  Your point, and I would not have
    30        thought it needed much elaboration -- what weight is to be
    31        attached to it in due course we will have to see -- your
    32        point is if you only do figures fortnightly you may well
    33        have undiscovered breaches of either policy or Wages
    34        Council Order or statute for all I know, which have been
    35        committed in an individual week but get lost in the
    36        fortnight because they are more than counter balanced by
    37        the other week in the fortnight.
    38
    39   MR. MORRIS:  Yes, I would contend it does not necessarily get
    40        lost; it is deliberately concealed.
    41
    42   MR. RAMPTON:  My Lord, there would be some reasonable basis for
    43        that, I am afraid to say. What is more what Mr. Morris is
    44        asking him about is something that happened before the
    45        beginning of 1990 because at that date, or before it, the
    46        48 hours minimum required was abolished by law.
    47
    48   MR. MORRIS:  Yes, but the overtime still applies.
    49
    50   MR. JUSTICE BELL:  It is being put to you that you used the 
    51        fortnightly method of paying so that all your information 
    52        would be fortnightly, which would cover up the fact that 
    53        there had been breaches of statutory provisions in
    54        individual weeks.  That is what Mr. Morris has said; that
    55        is the allegation what it comes to.  What do you say to
    56        that?
    57        A.  My answer to that is that is not so.  I do not know why
    58        McDonald's are on a fortnightly payroll but they always
    59        have been ever since I have been in the company, and I
    60        simply followed the procedure, and I have never given

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