Day 174 - 17 Oct 95 - Page 29
1
2 Q. I am not sure if he mentions it in his statement. He
3 does. He says in his statement -- just so it is put to
4 you -- this was his statement of 2/7/1993: "I was suspended
5 for a trivial and unjustified reason and after taking the
6 Company to the Labour Court I was reinstated." You do not
7 recall the circumstances of that?
8 A. No, I do not recall him going to -- does it say a
9 Rights Commissioner?
10
11 Q. He says Labour Court, but presumably the Rights
12 Commissioner usually deals with those kind of matters?
13 A. The Rights Commissioner operates within the Labour
14 Court. But I have no recollection, no.
15
16 MR. JUSTICE BELL: He actually makes decisions, does he, which
17 are binding on the parties, or does he make recommendations
18 which the parties are invited to carry out; do you know?
19 A. Basically, my Lord, yes. He is a conciliation officer
20 and he makes recommendations; and his recommendations can
21 or cannot be accepted; and, from there, you can go to the
22 Labour Court.
23
24 MR. MORRIS: Just one question, going back a little bit, that we
25 did not put. The strike -- there was no formal complaint
26 about workers being sacked, and that being the reason for
27 the strike, before the strike started?
28 A. No, I do not recall anybody being sacked.
29
30 Q. No, no. I am saying that there was no complaint from the
31 union or from the strikers, any formal complaint, that that
32 was one of their grievances at that time during the strike?
33 A. No, no, they did not indicate ---
34
35 Q. No.
36 A. -- that there were any sackings.
37
38 Q. So, the reality -- well -----
39
40 MR. JUSTICE BELL: Just put what point you are trying to make, if
41 you know what it is.
42
43 MR. MORRIS: I know. Well, bearing in mind that the workers had
44 grievances before the strike, that the Company was aware of
45 what they called rumblings and possible union activity,
46 that it took a seven month strike to establish rights which
47 should had been there without having to go on strike, which
48 involved a great deal of time and effort by the picketers,
49 round the clock picketing, that -----
50
51 MR. JUSTICE BELL: Are you stating this or asking a question?
52
53 MR. MORRIS: I am asking a question, bearing all that in mind.
54
55 MR. JUSTICE BELL: He may not accept that that is so, you see.
56
57 MR. MORRIS: These are all established facts, that it took a
58 seven month strike to establish what was -----
59
60 MR. JUSTICE BELL: It may have established some things, but not
