Day 174 - 17 Oct 95 - Page 40


     
     1        and arrange a meeting?
     2        A.  I cannot recall what I instructed Mr. Trimble to do.
     3        I think it is apparent that I instructed Mr. Gallagher, the
     4        personnel manager, to respond to communication.
     5
     6   Q.   That was to a communication from the Rights Commissioner?
     7        A.  Yes, that is correct.
     8
     9   Q.   Because Mr. McCann had already taken his case to the Rights
    10        Commissioner by that stage?
    11        A.  Yes, it would appear so, yes, that is correct.
    12
    13   MR. JUSTICE BELL: Mr. Gallagher is the Company's personnel
    14        manager?
    15        A.  Yes, that is correct.
    16
    17   MS. STEEL:  Is it fair to say that the position, again, was that
    18        you were trying to ignore the situation, ignore the union,
    19        hoped that it would go away, but, basically, you could not
    20        do that when it was taken to a Labour Court or Rights
    21        Commissioner body?
    22        A.  No, it is not right to say that I ignored the
    23        situation.  The manager ignored the initial communication,
    24        because he did not refer it to me or to his superior.  When
    25        the second communication was received, which it looks like
    26        it is dated 26th July, and the request to the Rights
    27        Commissioner is dated 29th July, whether they arrived at
    28        the same time or not, I do not know.
    29
    30   Q.   Did you take any disciplinary action against Mr. Trimble
    31        for ignoring the letters or not bringing it to your
    32        attention, or anything like that?
    33        A.  Yes, I am sure he would have received a warning in
    34        relation to the matter.
    35
    36   Q.   Is that something you would keep in your records?
    37        A.  It would be kept in his employment record; it would be
    38        form part of his employment file.
    39
    40   Q.   Did anybody from the Company attend the hearing in front of
    41        the Rights Commissioner to explain what had happened?
    42        A.  I cannot recall who would have, but it is a possibility
    43        that somebody would have attended, possibly Mr. Gallagher.
    44        But if memory serves me correct, it would have been the FUE
    45        who would have represented the Company at the hearing --
    46        Federated Union of Employers.
    47
    48   Q.   You did not attend; I think you said that you did not
    49        attend the hearing?
    50        A.  No, no recollection of attending. 
    51 
    52   MR. MORRIS:  You said that your key witness for the hearing was 
    53        unable to attend?
    54        A.  Yes.
    55
    56   Q.   Why could you not attend?
    57        A.  Because I was not -- had not been dealing with it.
    58
    59   Q.   You would not have been able to give any evidence?
    60        A.  No.  He was the manager of the restaurant; they were

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