Day 121 - 04 May 95 - Page 41


     
     1   MR. MORRIS:  I would like to know if, in his Personnel
     2        responsibility, he was aware of rights which had been
     3        established by the Labour Board as a result of that strike
     4        which, of course, he would have to be aware of, if he was
     5        doing his job properly.
     6
     7   MR. JUSTICE BELL:  Why do you not put what they were and ask him
     8        whether he was aware of them?
     9
    10   MR. MORRIS (To the witness):  Are you aware that the Labour
    11        Board -- I forget the exact name of it -- ruled that the
    12        members of a union in Ireland had a right to be represented
    13        by that union even if they were in a minority in a store?
    14        A.  I cannot remember what I was told about that now.  I am
    15        sorry.  No, I cannot remember what I was told about that.
    16        I mean, Michael Meagan took me through the incidents and
    17        everything else.
    18
    19   Q.   You are still responsible -----
    20        A.  No, I am not.
    21
    22   Q.   Sorry, not any more, but as Head of Personnel, up until
    23        1991, you were responsible, you said, for ensuring ---
    24        A.  Yes.
    25
    26   Q.   -- that the law was complied with in Ireland, yes?
    27        A.  Yes.
    28
    29   Q.   Were you aware that was the law or, certainly, the ruling
    30        as a result of that strike that there was the right to
    31        union representation, even there was only a minority of
    32        members in a particular store?
    33        A.  No.  I cannot remember the details.  I am trying to --
    34        I really cannot remember the details.
    35
    36   MR. RAMPTON:  My Lord, you see, this is the trouble; Mr. Morris
    37        will do this -- he does it all the time -- he extracts a
    38        single piece of information from a welter of documents, as
    39        I have said.  He then distorts it and expects the witness
    40        to answer a question on the basis of -----
    41
    42   MR. JUSTICE BELL:  The answer to you at the moment is, you are
    43        not aware of what the ramifications or you cannot now
    44        remember, if you ever were aware, what the ramifications of
    45        any Labour Board ruling there might have been were?
    46        A.  No, that is the difficulty.
    47
    48   MR. RAMPTON:  My Lord, I start from an earlier position.  There
    49        was no ruling.  There was a recommendation.
    50 
    51   MR. JUSTICE BELL:  May be, yes, or recommendation.  Do not 
    52        struggle with this ----- 
    53        A.  I am sure I was told about this but I just cannot
    54        remember, my Lord.
    55
    56   Q.   If you can remember something, of course, take time to
    57        think about it and see if it comes back, but if you cannot
    58        remember, then just say so.
    59        A.  At this moment in time, I cannot remember.  I mean,
    60        I have not exercised myself on this.  I did not realise I

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