Day 208 - 24 Jan 96 - Page 27


     
     1        chapter and verse.  It may be so easy.  For all I know, it
     2        is all in a schedule to one regulations and they change.
     3
     4        I mean, I have looked over the way England and Wales, young
     5        person's 16th birthday; my birthday falls within those
     6        dates but I worked on the building site in the very first
     7        Christmas school holiday after my 16th birthday.  Since it
     8        was a reputable builder who employed me, I assumed it was
     9        not against the law at the time.  So, things have changed.
    10        They may change backwards and forwards over the number of
    11        years I am concerned with in this case.
    12
    13        So, you have to be prepared, if your point is illegality,
    14        breaking the law, as opposed to contravening their own
    15        policies, or again just saying that is unconscionable,
    16        regardless of law or policy, then you have to be prepared
    17        to show me what the law is.
    18
    19   MR. MORRIS:  Yes.  (To the witness):  Do you know how many break
    20        allowances -- do you know what your break allowances, if
    21        you do, you said a 12.00 to 4.00, a four hour shift, what
    22        is your break allowance for a four hour shift?
    23        A.  At a guess it would 15 minutes, but I am not entirely
    24        sure.
    25
    26   Q.   So you said that sometimes you would phone up and you would
    27        get a 12.00 to 4.00; has that happened many times?
    28        A.  A fair number, yes.
    29
    30   Q.   Right.  When you work 12.00 to 4.00, would you get your
    31        normal 15 minutes?
    32        A.  Yes, at some point, yes.
    33
    34   Q.   You would not get half an hour?
    35        A.  I would not want half an hour personally.
    36
    37   Q.   You would get 15 minutes.  That is because you are not
    38        being paid when you do your break, are you?
    39        A.  Yes, that is right.
    40
    41   Q.   Right.  If you go to page 263 in that bundle, you know when
    42        you said 12.00 to 4.00, what are the shifts you would work
    43        in the middle of the day?
    44        A.  If you phoned up or if you were scheduled?
    45
    46   Q.   Yes.  But have you worked 11.00 to 7.00?
    47        A.  Yes.  I have worked every shift going.  I have even
    48        worked on an all night close where you start at 11.00 and
    49        finish at 6.00 the next morning when the breakfast shift
    50        comes in. 
    51 
    52   Q.   Are they always four hour shifts?  I mean, shorter shifts, 
    53        can they be five hour shifts, can they be -----
    54        A.  If you phone up, it can be whatever shift you want.  If
    55        you ask to come in between 12.00 and 2.00, then you can do
    56        that.
    57
    58   Q.   I mean, you mentioned 12.00 to 4.00.  I mean, would you do
    59        11.00 to 3.00 as well?
    60        A.  Possibly.

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