Day 206 - 22 Jan 96 - Page 69
1
2 MR. RAMPTON: My Lord, this may save time, respectfully, I think
3 there is a difficulty about that. One of the benefits of
4 your Lordship's order for discovery (which actually we
5 supplemented so far as the rap session notes is concerned,
6 we added an additional year) is that one can get an overall
7 or balanced view. Plucking the odd thing out of one
8 document or another really does not help at all. It is
9 certainly doubtful that this witness can help to contribute
10 to the overall picture by commenting on a particular
11 statement out of a particular document at a particular
12 time.
13
14 MR. JUSTICE BELL: Let us take the topics as Mr. Morris raises
15 them. If you are content, Mr. Rampton, that he leaves it
16 to Mr. Logan to refer to these, and that you can put to
17 Mr. Logan anything in cross-examination to seek to diminish
18 Mr. Logan's evidence, whatever it is, on the subject, then
19 I am content with it.
20
21 MR. RAMPTON: Yes. The only way to answer the question which,
22 in fact, was, contrary to what Mr. Morris thought, the
23 witness did agree with, for example, was there an on-going
24 problem with late performance reviews? The only way to
25 answer that, apart from the direct evidence of a witness --
26 there will be at least one in court and there is Mr. Olive
27 -- is to read the whole thing and -----
28
29 MR. JUSTICE BELL: I think the short answer is, Mr. Morris, that
30 there is no need to put parts of the performance reviews to
31 Mr. Henden in relation to that. What Mr. Henden has said,
32 that there has been criticism about performance reviews;
33 some were done late for a number of years; some were done
34 late. To get the picture as to whether it is a significant
35 sum or not a significant sum, one may have to look at a
36 number of them, but you do not have to look at them with
37 Mr. Henden.
38
39 MR. MORRIS: OK. It may help to look at one page 188.
40
41 MR. JUSTICE BELL: Which bundle is that in?
42
43 MR. MORRIS: Of the volume 1. Yes, it seems to be on that
44 page. You see the column headed "PRs number done", second
45 from last, or third from last, Mr. Henden, yes?
46 A. Yes, I see it.
47
48 Q. It has "1 out of 1"; does that mean of the one that should
49 have been done one was done?
50 A. That is the way I read it, yes.
51
52 Q. Right. Sorry, this is on a store audit, is it, or
53 something?
54 A. I think it is a back page of a personnel audit.
55
56 Q. By somebody higher up in McDonald's, Human Resources?
57 A. Jane Jarvis, yes, who is -- who used to be in the Human
58 Resources Department.
59
60 Q. Right. If we note that the next one "3 out of 4" done, two
