Day 121 - 04 May 95 - Page 59


     
     1   MS. STEEL:  I do not think it was 1989.
     2
     3   MR. RAMPTON:  I do not mind what Ms. Steel thinks.  What
     4        Ms. Steel has pleaded is that in or around 1989 at the
     5        Northfields West Midlands branch of McDonald's an employee
     6        under 18, Gary Davis, worked in excess of 39 hours in one
     7        week on a number of occasions.
     8
     9   MS. STEEL:  Whatever it is, the point is that every single
    10        incident that we have pleaded which spanned from the early
    11        1980s to the early 1990s miraculously there are no crew
    12        records at all, or maybe one or two pages.  I think it is
    13        only reasonable to find out whether the Company has any
    14        policy on keeping documents.
    15
    16   MR. JUSTICE BELL:  Why not put a particular example.  Pick on
    17        Gary Davis, say what kind of record it is you particularly
    18        want and say how long would he expect that to be kept, if
    19        Mr. Nicholson knows.  What I am concerned about is when we
    20        just have general enquiries about procedures and I cannot
    21        see what it is directed at.
    22
    23   MS. STEEL:  The only thing is, because there are so many
    24        different pleadings, it is actually easier to find out if
    25        there is a general policy and then we can go back to the
    26        specific pleadings and say that was within five years so
    27        why have we not got anything on that, rather than doing
    28        each one individually which, I do not know, would just
    29        probably take longer in the long run.
    30
    31   MR. JUSTICE BELL:  You must put a kind of record because I can
    32        imagine it varies between what kind of record it is.  I can
    33        see, for instance, if it is an accident.  It might be kept
    34        for a certain period of time which the Company has adjudged
    35        a circumspect period to keep a record of an accident in
    36        case there is some kind of claim.  With regard to how much
    37        someone was paid or how many hours they worked it might be
    38        a much lesser period of time.  I would be surprised if
    39        there was a rule in any company that all records of
    40        whatever kind and to whatever they relate are all kept for
    41        the same period.
    42
    43   MS. STEEL:  When somebody applies for a job at McDonald's, if
    44        they have had a job at McDonald's previously, the store
    45        they are applying to has to get in touch with the old
    46        store, do they not?
    47        A.  No.  What would happen is they would go forward to
    48        payroll and that would throw out the fact that they have
    49        worked for us before.
    50 
    51   Q.   What would be kept apart from their name? 
    52        A.  In the payroll department that is all that would be 
    53        kept.
    54
    55   Q.   Just their name ----
    56        A.  Their payroll number and their name of the store they
    57        worked at, when they started and when they left.  That
    58        information can be retrieved from payroll going back, I
    59        would have thought, on their computer four/five years;
    60        probably longer.

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