Day 118 - 01 May 95 - Page 19


     
     1   Q.   What percentage?
     2        A.  Oh, I do not know.  You have a somewhere in the
     3        documents the analysis of the hours worked.  That will give
     4        you some indication.
     5
     6   Q.   What do you know from your experience?
     7        A.  What do I know from my experience of what?
     8
     9   Q.   Of how often it happens?
    10        A.  I cannot answer that question.  I am aware there are
    11        occasions when people work overtime.  I take it as read
    12        that those people are paid a rate which meets the
    13        requirements of the Wages Council order.  Human Resource
    14        officers operational supervisors, are regularly checking to
    15        ensure that that is so.
    16
    17   MR. MORRIS:  From your experience how often have you seen people
    18        working over 39 hours a week?  Does it happen every week in
    19        every store?
    20        A.  From my personal experience I have never seen anybody
    21        work over 39 hours a week.  I am not there.  I have to go
    22        on paper work.
    23
    24   Q.   So when you were Head of Personnel?
    25        A.  Yes.
    26
    27   Q.   In charge of matters such as this, what was your awareness,
    28        as far as you can remember, of, as you are giving evidence
    29        on this subject, on oath, what was your actual recollection
    30        of what percentage approximately?  Are we talking about one
    31        person per store per week?
    32        A.  I have no idea.  I cannot answer that question.  When
    33        I took over the Personnel Department we had something like
    34        116 restaurants.  By that time I came out of Human
    35        Resources 1991 -- we probably ---
    36
    37   MR. JUSTICE BELL:  Listen to the answer Mr. Morris and then ----
    38
    39   THE WITNESS: -- we probably had something like 480 restaurants.
    40        My personal knowledge of what each individual worked is
    41        very, very small.  In fact I have no knowledge what of
    42        every individual worked; I just go off reports.
    43
    44   MR. MORRIS:  What did the reports say?
    45        A.  I cannot remember now.  I really cannot remember.
    46
    47   Q.   So you cannot give evidence in this court about conditions
    48        in McDonald's stores except for just some
    49        impressionistic -----
    50        A.  No, I visited stores.  I have been on rap sessions, 
    51        I have been on crew meetings.  We have discussed these 
    52        things.  They have come up.  I am reasonably satisfied that 
    53        everyone out there was satisfied with their hours of work
    54        and their conditions of service.
    55
    56   Q.   Are you aware that overtime by law is one and a half times
    57        of whatever your hourly wage is, not what the minimum wage
    58        is.  So if your hourly wage---
    59        A.  No it is not.
    60

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