Day 152 - 11 Jul 95 - Page 49


     
     1        in a slightly different way.
     2
     3        I do ask you to put it to Mr. Davis.  If when we come to
     4        Mr. Preston you want to put it in the same form or in a
     5        different form, then by all means do that.
     6
     7        Let us leave it there because it is the sort of matter
     8        which is but one point in a very large case and we could
     9        discuss it forever.
    10
    11   MR. RAMPTON:  My Lord, can I just add this, in justice and if
    12        counsel were on the other side, he would actually have been
    13        obliged to formulate his case at the beginning or before
    14        the case began and to put it to those of my witnesses that
    15        were in a position to deal with it.
    16        A certain latitude for litigants in person who like to move
    17        the goal posts as the case proceeds is naturally
    18        understandable.
    19
    20        My impression is the same as your Lordship's with this
    21        additional feature, that the Defendants attribute what they
    22        call high turnover largely to dissatisfaction amongst the
    23        crew members.  Mr. Davis is a very senior Operations
    24        person.  In fact, he is in a position to know, first of
    25        all, whether the Company welcomes a high turnover and,
    26        secondly, whether that high turnover is in any significant
    27        way to be attributed to dissatisfaction amongst the crew
    28        which is why I have asked him the questions that I have.
    29
    30   MS. STEEL:  I just want to say, I think it is McDonald's who are
    31        moving the goal posts throughout this case.  We are in a
    32        position where I can say (and I was willing to say) what
    33        the situation is as regards turnover.  I just wanted to
    34        reserve the right of whether to bring this up with
    35        Mr. Davis or to bring it up with some other witness,
    36        depending upon who we think is the most appropriate person
    37        to bring it up with.  I have no problem in saying what the
    38        situation is.
    39
    40   MR. JUSTICE BELL:  I know.  I do think you should put it to
    41        Mr. Davis because he is someone who has held a position as
    42        a Manager, an Area Supervisor and now his present
    43        position.  He has been, on his own account of matters,
    44        thoroughly involved in Operations for something like 12
    45        years.  He seems to me, quite frankly, an ideal person to
    46        put it to in the Operations on the ground capacity.  By all
    47        means put it to Mr. Preston as Senior Executive as well.
    48
    49   MR. RAMPTON  (To the witness):   Mr. Davis, a few other things
    50        before I leave pay and hours and go on to something else. 
    51        First of all, performance reviews:  In your time as the 
    52        Manager and earlier the Assistant Manager of Colchester, 
    53        how often were performance reviews conducted for crew
    54        members?
    55        A.  I believe performance reviews were conducted, firstly,
    56        after a three week probationary review, and then every
    57        eight weeks after that.  Every other one of those
    58        performance reviews would be a pay review.
    59
    60   Q.   A pay review?

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