Day 302 - 18 Nov 96 - Page 25


     
     1
     2   MR. MORRIS:   Yes.
     3
     4   MR. JUSTICE BELL:   Less than what it was, over a two week
     5        period.
     6
     7   MR. MORRIS:   Yes.
     8
     9   MR. RAMPTON:   In fact, my Lord, we have analysed and will
    10        present your Lordship with tables eventually.  All
    11        Mr. Alimi's payslips which we have covers about -----
    12
    13   MR. JUSTICE BELL:   Yes, I mean, just while we are on it, did
    14        I get the sums wrong on the particular two week period?
    15
    16   MR. RAMPTON:   Yes, my Lord, you did.
    17
    18   MR JUSTICE BELL:  You say that he was paid -----
    19
    20   MR. RAMPTON:   There were some fortnights where he is under,
    21        somewhere he is over, over the period -----
    22
    23   MR. JUSTICE BELL:   No, no, I am not concerned about over the
    24        period.  But in particular two week periods, did I get it
    25        wrong?
    26
    27   MR. RAMPTON:   The one your Lordship chose, the calculation was
    28        wrong.  I did not redo it, somebody else did it, and it was
    29        wrong because there was an element of double counting.  The
    30        provisions were quite complicated.
    31
    32   MR. JUSTICE BELL:   I will wait and hear about that.  I just
    33        want to make a note.  (Pause) Yes.
    34
    35   MR. MORRIS:   And, as Mr. Rampton says, with Mr. Alimi, some
    36        weeks are clearly underpaid and some-----
    37
    38   MR. JUSTICE BELL:  If Mr. Rampton gives me calculations I will
    39        look at them, obviously, and try and get to the bottom of
    40        it.
    41
    42   MR. MORRIS:   Which is illegal, and it is significant because we
    43        are talking about something like 25 percent of all
    44        full-timers working over 39 hours a week, and because of
    45        the way McDonald's calculate...  We had this before, their
    46        fortnightly pay is very, very difficult to monitor, so that
    47        is an additional reason why policies on overtime should be
    48        adhered to, because it is very hard to monitor, which I am
    49        sure is deliberate, but even if it is not, it is still a
    50        further-----
    51
    52   MR. JUSTICE BELL:   I find great difficulty with that.  You may
    53        be right about it is not easy to track down what has
    54        happened in a particular week, but I can think of all sorts
    55        of perfectly good reasons why you should do it every two
    56        weeks, much the most obvious being that for administrative
    57        purposes, in a sense, the less frequently you pay an
    58        employee and have to get everything got together the
    59        better, but especially with people who are on what you
    60        would say is the low rate of pay you can't make the period

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