Day 174 - 17 Oct 95 - Page 47


     
     1   Q.   You did not?
     2        A.  No.
     3
     4   MR. MORRIS:  So, effectively, you are responsible for them
     5        remaining dismissed, through your neglect to take action to
     6        invite them back?
     7        A.  Well, no, I do not see it that way.  They were
     8        dismissed for -- I think in the case of Mr. McCann, he was
     9        dismissed for particular reasons.  You are suggesting that
    10        I instigated the dismissal?
    11
    12   Q.   I am suggesting that you neglected to fulfil your
    13        responsibility, having recognised that the correct
    14        procedures had not been followed, that in fact he should
    15        have maybe been given a verbal warning that would have
    16        remained on his record; instead, he was dismissed, and yet
    17        you did not take any action to ensure that he was
    18        reinstated?
    19        A.  But I think you are asking me if I am aware that the
    20        correct procedure was not followed.  I am not aware.
    21
    22   Q.   You said that you would have warned the manager for not
    23        following the correct procedure, but you did not take any
    24        action to ensure the reinstatement of the employee?
    25
    26   MR. RAMPTON:  My Lord, I do not think it has ever been put
    27        directly to the witness that the correct procedure was not
    28        followed.  It was put to him what the correct procedure
    29        would have been.  Whether it is the same as it is today,
    30        what was never actually put to Mr. McCann was not, for
    31        example, given three verbal warnings at least and a written
    32        one.
    33
    34   MR. JUSTICE BELL:  What -----
    35
    36   MR. RAMPTON:  It is an assumption.
    37
    38   MR. JUSTICE BELL:  What Mr. Mehigan has said is that he spoke to
    39        Mr. Trimble.  He said that Mr. Trimble referred the cases
    40        to him through the supervisor -- this is before he had
    41        actually got to look at the letters.  He said that he was
    42        not aware that he, Mr. Trimble, had not followed the
    43        warning letter procedures.  He then did say, what
    44        I understood he said: "The manager ignored the first
    45        communication and did not refer to me or his superior" --
    46        this is just my note of the effect of it -- and then a
    47        little later, he said: "I am sure Mr. Trimble would have
    48        received a warning"; and I understood that to mean in
    49        relation to not telling him when the first letter arrived.
    50 
    51   MR. RAMPTON:  Yes.  That is quite different.  I agree with 
    52        that.  It is my recollection, too. 
    53
    54   MS. STEEL:   It may have been.  OK.
    55
    56        (To the witness)  I cannot remember, I may have asked this
    57        already.  Did you actually investigate into whether or not
    58        the correct procedures had been followed and written
    59        warnings, verbal written -- sorry -- verbal warnings had
    60        been given, followed by a written warning, before the

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