Day 181 - 01 Nov 95 - Page 20


     
     1
     2   Q.   He impressed you as a young and sincere person who wanted
     3        to do the right thing, correct?
     4        A.  That is correct.
     5
     6   Q.   Some time later he came back and he was very concerned; is
     7        that right?
     8        A.  He was concerned.
     9
    10   Q.   He told you -- I think this is what you tell us -- that the
    11        management had broken into his locker and taken away,
    12        amongst other things, the union literature which you had
    13        given him; is that right?
    14        A.  That is what I said yesterday.
    15
    16   MR. JUSTICE BELL:  Mr. Rampton is only leading up to his
    17        eventual question.
    18
    19   MR. RAMPTON:  I just want to set the scene as best I can from
    20        memory of your evidence yesterday.  If I have got it wrong,
    21        tell me.
    22        A.  I am happy with that summary.
    23
    24   Q.   You said that you were unable to satisfy his concerns about
    25        what happened and you were very upset that you were not
    26        able to help him; is that right?
    27        A.  I said I was unable to satisfy his concerns.
    28
    29   Q.   That made you unhappy?
    30        A.  If you wish.
    31
    32   Q.   If he was telling you the truth, Mr. Pearson, what
    33        management had done was absolutely outrageous and would
    34        have been a plain breach of section 23 of the Employment
    35        Protection Consolidation Act of 1978, would it not?
    36        A.  Those were not my words yesterday.
    37
    38   Q.   No, but I am asking you a question.  You know the law on
    39        the subject better than I do, that is right, is it not?
    40        A.  I do not know what section 23 covers.
    41
    42   Q.   It is the one which covers victimisation at work for union
    43        activities.
    44        A.  Fine.
    45
    46   Q.   You remember that section, I mean, the substance of it?
    47        A.  I have talked about the substance of it over these last
    48        two days.
    49
    50   Q.   If Mr. McGee was telling you the truth, that was a plain 
    51        case of victimisation or, if you like, interference with 
    52        his right to carry out trade union activity, was it not? 
    53        A.  Yes.  Unfortunately, I have said "yes", but,
    54        unfortunately he was, you know, in a sense, he was not
    55        dismissed, so it was not possible to exercise the interim
    56        relief provision, and he came to me in any case more than
    57        five works days after the incident.
    58
    59   Q.   I am sorry, Mr. Pearson.  I am not going to argue law with
    60        you.  I am going to ask you to look at the provisions of

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