Day 208 - 24 Jan 96 - Page 40
1 A. No, they do not -- it says that they get to have a
2 break when the -- the Manager decides when they have a
3 break. It does not say anything about the Manager deciding
4 when they come back.
5
6 Q. So, if they came back one minute later, the Manager could
7 not do anything about it?
8 A. That is a case that is not going to happen. I mean,
9 everybody when they go on their break takes something to
10 eat; and I do not know of anyone that is going to eat that
11 quickly, to be perfectly honest.
12
13 Q. The reality is, is it not, that if the Manager did not want
14 people to come back early off their breaks, they would not
15 let them come back?
16 A. No, I would not say that is the reality at all.
17
18 Q. So, the Managers are not in control of the store, then; is
19 that what you are saying?
20 A. The Managers are in control of the store to a point.
21 Most of them, the majority of the time, being a busy
22 restaurant, they are perfectly happy for them to come back
23 early if they wish to do so.
24
25 MR. MORRIS: Are you saying that the Managers are happy for
26 people to get less breaks than they are entitled to at busy
27 times, when there is no implications for health and
28 safety ---
29 A. No, I am saying -----
30
31 Q. -- of people having shorter breaks?
32 A. No. I am saying the Managers are perfectly happy if
33 that is what the crew member wishes to do.
34
35 Q. Despite the fact that that crew member might be
36 jeopardising other workers' safety and customers' safety if
37 they are not performing properly?
38 A. From a personal experience, I would not say that taking
39 a short break would in any way change your ability to work
40 the station.
41
42 Q. Why have breaks at all, then?
43
44 MR. JUSTICE BELL: Well, that is not the same thing really, is
45 it, Mr. Morris? One has to be realistic about it. It is
46 one thing to say that if someone works 10 hours without any
47 break, they may get tired and make a mistake; it is another
48 entirely to suggest that if they only take half an hour
49 rather than three-quarters of an hour they become a risk in
50 the store, is it not?
51
52 MR. MORRIS: We are going to argue this later about the purpose
53 of the legislation, when we find out -- as the Plaintiffs
54 are uninterested in the subject.
55
56 MR. JUSTICE BELL: That is not true. They are interested in the
57 subject.
58
59 MS. STEEL: Or unrevealing.
60
