Day 140 - 22 Jun 95 - Page 52


     
     1        being suggested and, in fact, the standard being applied
     2        here is fair and competitive wages, but they should be
     3        allowed to set their own fair and competitive wages.
     4
     5   MR. JUSTICE BELL:  That is the first time I have read a line
     6        like the one above"sincerely in a letter from a senior
     7        marketing manager or similar position".  Is that sort of
     8        fairly normal in the States?
     9        A.  Mr. Gyham is black, my Lord.
    10
    11   Q.   I see "communities developments" as well?
    12        A.  Yes.  He is black, my Lord.  He is addressing a black
    13        clergyman, and I think that is common.
    14
    15   Q.   That would be a normal form of address?
    16        A.  It is and it would show a high degree of respect.
    17
    18   MS. STEEL:  When it says about paying fair wages, it is not
    19        talking about "fair" in terms of for the crew members; it
    20        is talking about "fair" in terms of for the employer?
    21
    22   MR. JUSTICE BELL:  Would it change the meaning of the sentence
    23        if the words after the comma ran as follows:  "and violates
    24        the rights of independent business people to pay what they
    25        see to be fair and competitive wages"?
    26        A.  Yes, my Lord.
    27
    28   Q.   That would not change the meaning?
    29        A.  No.
    30
    31   MS. STEEL:  But it is fair to them, not fair to the crew that it
    32        is referring to?
    33
    34   MR. JUSTICE BELL:  It is what they see to be fair wages to the
    35        crew.
    36
    37   MS. STEEL:  Right, but the crew are going to think it is unfair
    38        to get higher wages, are they, is the point I am trying to
    39        make?
    40        A.  The gist of what I get from here is the standard being
    41        used for both, frankly, my Lord, is fair and competitive
    42        wages.  Now, it is true that it is in the employer's mind,
    43        as you are suggesting, but that is the standard he is
    44        suggesting the employer is using.
    45
    46   MR. JUSTICE BELL:  Rightly or wrongly, Mr. Gyham is in fact
    47        saying -- how do you pronounce his surname?
    48        A.  Gyham.
    49
    50   Q.   Mr. Gyham is saying: "it is unduly restricted and we do not 
    51        see the need for a minimum starting wage of £5 an hour in 
    52        order for the wages to be fair and competitive"? 
    53        A.  That is correct, my Lord.
    54
    55   Q.   And it would be an undue restriction to impose such a
    56        requirement on independent business people?
    57        A.  Yes, my Lord.
    58
    59   Q.   He might be right about that, or he might be wrong, but
    60        that is what he is saying?

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