Day 121 - 04 May 95 - Page 17


     
     1
     2   MS. STEEL:   Can I just clarify something?  If a crew member was
     3        scheduled to work certain hours and they said they did not
     4        want to work beyond those hours, and the Manager said to
     5        them:  "Well, I am telling you you have to stay because we
     6        have not finished the close yet", if the crew member then
     7        left, would they be sacked for that?  Could they be sacked
     8        for that?
     9        A.  I would not have thought so.  I see nothing to be
    10        gained by sacking them if they are good workers.  It may
    11        cause some discontent between the Manager concerned and the
    12        crew person concerned, but if they are good workers, why on
    13        earth sack them?
    14
    15   Q.   For disobeying an order, or whatever you want to call it?
    16        A.  Well, it would be for the Manager on duty at the time
    17        to make that assessment, but I do not see the point -- we
    18        are not a company who rushes into sacking our people.
    19
    20   Q.   OK.  Discipline then, would they be disciplined ---
    21        A.  It depends upon the circumstances.
    22
    23   Q.   -- for disobeying an instruction?
    24        A.  He may or she may, and there again they may not; it
    25        depends upon the circumstances.  There is no hard and fast
    26        rule laid down.
    27
    28   Q.   Do you think it would be acceptable to discipline a crew
    29        member for leaving at the time when they were scheduled to
    30        leave if they disobeyed an instruction from the Shift
    31        Manager to stay later to help clear up?
    32        A.  I think it would be an inappropriate line of action to
    33        take if they wanted to leave when they had been scheduled
    34        to work.
    35
    36   Q.   Yes.  Do you think it is acceptable though?
    37        A.  It depends upon the circumstances in which it was said.
    38
    39   Q.   In some circumstances you would -----
    40
    41   MR. JUSTICE BELL:  Saying it is inappropriate is another way of
    42        saying it is unacceptable, but -----
    43
    44   MISS STEEL:  Would you agree with that, it is unacceptable?
    45
    46   MR. JUSTICE BELL:  All you are being asked is if someone has
    47        been led to believe that their period of work ends at such
    48        and such a time and, let us suppose for a moment, that if a
    49        close normally takes an hour or an hour and a half, and
    50        they know when their shift ends, so they can add an hour 
    51        and a half to that and know when they can expect to go, if 
    52        it turned out that the Manager wanted them to stay later 
    53        and they said:  "Look, I really cannot stay later, I have
    54        to go", and they went, and they were disciplined for that?
    55        A.  I would think that was inappropriate action.
    56
    57   Q.   The difficulty I am having with this cross-examination, at
    58        the moment, is what you are saying that there are no
    59        arbitrary rules about things, you look into the
    60        circumstances ---

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