Day 209 - 25 Jan 96 - Page 60


     
     1        midnight -- it is not there -- it shows a different date,.
     2
     3   Q.   Well -----
     4        A.  I assume she would have -----
     5
     6   Q.   319 is actually for 10th August and 325, for instance, is
     7        actually for 12th August?
     8        A.  Yes.  What we did not -- because we were not sure --
     9        I did the 12th initially.
    10
    11   Q.   Are you saying that you checked these, the clock card
    12        files?
    13        A.  Yes.  I checked the 12th initially, and I told
    14        Dave Morris that I had found some inconsistencies, and he
    15        said, "Well, it might not be the 12th."  So we checked the
    16        day before and the day after.
    17
    18   MR. JUSTICE BELL:   I do not think we need get trapped on that
    19        now.
    20
    21   MR. MORRIS:  Can I just summarise the situation then, and then
    22        it can be checked later.  Were you happy with what you
    23        found?  Did it accord with the audit that had been done?
    24
    25   MR. JUSTICE BELL:  No, he said it did not.  He said he found
    26        lots of insufficient breaks in the three days which he
    27        checked.
    28
    29   MR. MORRIS:  Well, if I can just say -- and it can be checked,
    30        if Mr. Rampton wants to check it -- I calculated 18 cases
    31        of less than 45 minutes entitlement for a break in day --
    32        that is on pages 319 to 321.  There are also other
    33        inconsistencies regarding -- well, breaks being taken
    34        early.  That is not on that chart.  Just go on, just
    35        concentrating on the less than 45 minutes on page 322 to
    36        324, which is dated the 12.8, although it applies to the
    37        previous day, we have 19 cases of people getting less than
    38        45 minutes, by my calculation.  On pages 325 to 327, which
    39        is dated 3.8, but is -----
    40
    41   MR. JUSTICE BELL:  The 3rd?
    42        A.  The 13th.
    43
    44   MR. MORRIS:  13th, sorry, but is about the previous day, the
    45        12th -- people not getting 45 minutes break, for example,
    46        were 15.  If that is the day that is most likely to be the
    47        day that she is saying everything was fine in that audit,
    48        then we can also say that, for example, on page 325, in the
    49        middle of the page, Roland Hill worked nearly 12 hours,
    50        which would entitle him to two breaks, because apparently, 
    51        according to the audit form, the legislation -- certainly 
    52        the Company policy at least -- was to have -- well, 
    53        actually, no, it is in the Crew Handbook that if you work
    54        over 10 hours you must have two breaks, one of 45 minutes
    55        and one of 20 minutes, and that one only had, he had worked
    56        12 hours with only a 15 minute break, Roland Hill.  The one
    57        underneath it, Christopher Cox -- who is a witness in the
    58        case; in fact, he is in the room -- he did not get two
    59        breaks, but he worked from 16.09 to 2.17 in the morning,
    60        which is more than a ten hour shift.

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