Day 180 - 31 Oct 95 - Page 50


     
     1   MR. JUSTICE BELL: Pause there. (Pause)
     2
     3   MR. MORRIS:  Do you have any comment on the fact that McDonald's
     4        does not pay overtime?
     5        A.  Yes, I do.  It could have been in breach of statute;
     6        apparently, from the figures, systematic abuse, systematic
     7        underpayment, apparently, because the wages inspectors, in
     8        my own direct experience, would have always taken a dim
     9        view of the non-application of the law.
    10
    11        If monitoring figures available during a period when Wages
    12        Council rates did apply were available showing these kinds
    13        of long hours without an overtime premium available, there
    14        would be a prima facie case for an enquiry, no doubt at
    15        all.
    16
    17   MS. STEEL:  It is, basically, just what we have been on, but
    18        I thought it might be helpful if we actually looked at the
    19        Wages Council order for 1986, so that Mr. Pearson can
    20        explain.  We have not had anyone to explain what the right
    21        charts are and how everything fits in.  I do not know.
    22
    23   MR. JUSTICE BELL:  You ask him if you want.  At the moment, the
    24        evidence I have heard, which is from a McDonald's witness,
    25        is that they were reassured that, provided the figure at
    26        the end of the week came to at least what the figure would
    27        be if you were paid the minimum rate plus time and a half
    28        in overtime, then you were not in breach of the Wages
    29        Council provision.  If you want to ask Mr. Pearson about
    30        that, then do so.
    31
    32   MS. STEEL:   OK.
    33
    34   MR. JUSTICE BELL: At some stage, in any event, if you want to
    35        press this home -- I mean, I may as well suggest this to
    36        you now -- you are going to have to do some sums.  You
    37        might take Mr. Alimi, for instance, and work out if he
    38        worked so many hours in a week at such and such a rate, but
    39        was not paid time and a half after 39, would he still be
    40        higher than the person who was paid the Wages Council basis
    41        for 39 hours and then time and a half thereafter, or would
    42        he come out at less than that figure; so that, even on
    43        McDonald's construction of the provision, he was paid too
    44        little.
    45
    46   MS. STEEL:   Right.
    47
    48   MR. JUSTICE BELL: I mean, I may do some sums myself, but you
    49        should not count on me doing all the homework on something
    50        like that. 
    51 
    52   MS. STEEL:  (To the witness): If you could get pink volume XII, 
    53        please and turn to tab 26, which is the Wages Council,
    54        Unlicensed Place of Refreshment Wages Council order
    55        effective as from 13th June 1986.  Tab 26.
    56        A.  I have found it.
    57
    58   Q.   Sorry.  You heard what was being said about if the
    59        cumulative amount of pay was -- I cannot say it all again.
    60

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