Day 182 - 02 Nov 95 - Page 33


     
     1        columns relate to shift work?
     2
     3   MR. RAMPTON:  That was, Mr. Morris, my Lord.  It was not what
     4        the witness said.
     5
     6   MR. JUSTICE BELL:  That is what I am trying to understand.  It
     7        was not, actually.  I do not think it was Mr. Morris.
     8
     9   MR. RAMPTON:  My Lord, yes.  Mr. Morris filled in for the
    10        witness, and I do not think the witness realised.
    11
    12   MR. JUSTICE BELL: We had better start again, then.  I understand
    13        that under "hotel and restaurant work" you have three lines
    14        which relate to employees under 18, and then I see that it
    15        has "other employees"; that is ones 18 and over,
    16        presumably?
    17        A.  Right.
    18
    19   Q.   It has rates for them, starting with beginners.  Then what
    20        does "etta" mean?
    21        A.  After.
    22
    23   Q.   After one year and after two years, and so on.  Does this
    24        have anything to do with shift work, or are they just the
    25        basic rates?
    26        A.  You all earn the same a month; you are supposed to earn
    27        the same a month.  But, since McDonald's pays everyone by
    28        the hour, it is very important whether or not you are
    29        supposed to work a 35.5 hour week as opposed to a 37.5 hour
    30        week.
    31
    32   Q.   I see.  Just pause a moment.  Yes.  Say how you relate this
    33        to McDonald's, then?
    34        A.  Yes.  McDonald's refuses to recognise that anyone who
    35        is not working either in the evening of Saturday or in on
    36        Sunday that they are their shift workers; they think that
    37        if you work just during the week, in the morning or in the
    38        afternoon, it does not matter, then you are supposed to be
    39        paid by this column.
    40
    41   MR. MORRIS:  Sorry, that is the ---
    42        A.  That is the ---
    43
    44   Q.  -- 35?
    45        A. -- the one all the way to the right.
    46
    47   Q.   The 37.5 hours per week column?
    48        A.  Yes, and not 35.5 hour column.
    49
    50   Q.   Even if you work more than 35.5 hours? 
    51        A.  No.  You see, this is what you are supposed to work. 
    52        You are not supposed to work -- if you work more than that, 
    53        then that is overtime.
    54
    55   Q.   More than 37.5 hours would be overtime at McDonald's?
    56        A.  Yes.  But, anyway -----
    57
    58   MR. JUSTICE BELL: This may be taking too much trouble over a
    59        small point, but let me try and understand it.
    60        I understand you to say that McDonald's say that their

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