Day 122 - 05 May 95 - Page 60


     
     1        knowledge and belief, the relevant clock cards were
     2        destroyed during the time that Ray Cobin was Store Manager
     3        at the restaurant.  Mr. Cobin left the restaurant in or
     4        around August 1991, so that the clock cards would have been
     5        destroyed before that date."
     6
     7        Mr. Nicholson was not asked to look into it.  He was asked
     8        to look into three other matters which he dealt with in a
     9        later affidavit.
    10
    11   MS. STEEL:   So you did not look into this at all, no?
    12        A.  I can only answer what I have been saying.  I made a
    13        lot of enquiries.  I cannot remember where they all are.
    14        I cannot remember particularly looking into anything at
    15        Colchester.
    16
    17   MS. STEEL:   I think I have actually finished but could I have
    18        five minutes to check?
    19
    20   MR. JUSTICE BELL:  Yes, we will have a five-minute break.
    21
    22                       (Short Adjournment)
    23
    24   MR. MORRIS:  Just one final question, Mr. Nicholson, which is
    25        you remember we asked you about meal breaks and about being
    26        paid for meal breaks?
    27        A.  Yes.
    28
    29   Q.   You said in your time breaks were paid for but that changed
    30        or something?
    31        A.  Yes, I think that is -- I think that was what was
    32        happening generally, they were paid for.  I had not heard
    33        of any restaurant which were not paying for meal breaks at
    34        that time.
    35
    36   Q.   If we just look at -- it is the last document you might
    37        have to look at -- volume pink XI, the Crew Handbook,
    38        tab 3, for 1989?
    39        A.  Yes.
    40
    41   Q.   Page 133 in the bundle?
    42        A.  Yes.
    43
    44   Q.   The large paragraph near the bottom, it says:  "You must
    45        take your break at the time specified by your manager.  For
    46        payroll purposes you are also required to clock out and
    47        clock in for meal breaks as breaks are unpaid."   Do you
    48        have any comment to make on that?
    49        A.  Yes, because it goes on to say:  "However, should you
    50        be scheduled to work for over three hours and up to four 
    51        hours, you are not required to clock out and clock in for 
    52        your entitled break". 
    53
    54   Q.   That is the 15 minute break but that is not the meal
    55        breaks.
    56
    57   MR. JUSTICE BELL:  I had misunderstood your evidence about that.
    58          When you talked about breaks not being paid, I thought
    59        that included the short breaks?
    60        A.  It did include the short breaks, my Lord.  They do not

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