Day 207 - 23 Jan 96 - Page 11


     
     1
     2   Q.   Who monitors the clock card files?  We have had a lot of
     3        clock card files disclosed to us.  Who would look at them
     4        regularly to make sure everything is in order?  Who is
     5        responsible for that in the store?
     6        A.  The Store Manager.
     7
     8   Q.   The Store Manager.  When you are running shifts, can you
     9        tell me what the law is on when breaks should be taken, or
    10        is there any law when breaks should be taken?
    11
    12   MR. RAMPTON:  If Mr. Morris knows that there is a law ------
    13
    14   MR. JUSTICE BELL:  I do not think that is Mr. Morris' tack.  Mr.
    15        Morris is testing whether the person responsible for
    16        scheduling knows what he is up to.
    17
    18   MR. MORRIS:  Is there a law on when breaks should be taken?  You
    19        said about how much break people get if they are scheduled
    20        for X amount of hours.  But do you know if there is any law
    21        about when the breaks should be taken within the time they
    22        are working?
    23        A.  It should be after a period of working which is four
    24        hours, I believe.
    25
    26   Q.   No, what I meant is, so people should not get a break for
    27        four hours once they start working?
    28        A.  They -- well, they would take drinks breaks, et cetera.
    29
    30   Q.   Is there any legislation on when during a shift, if someone
    31        works an eight hour shift from 11.00 to 7.00 or something,
    32        is there any legislation about when that break should be
    33        taken in that period, or is it just entirely at the
    34        discretion of the Manager?
    35        A.  There is or there used to be the legislation.  The
    36        legislation changed as regards breaks between the periods
    37        of -- the lunchtime period and the teatime period, which
    38        used to be a length of break and if they are working during
    39        those periods.
    40
    41   Q.   If they are working?
    42        A.  During the periods of, say, the 12.00 to 2.00 period or
    43        the 5.00 to 7.00 period as regards over and above the zero
    44        to three hours rules.
    45
    46   Q.   Right.  When did that law change?
    47        A.  I cannot remember the exact date.
    48
    49   Q.   Was it four years ago, two years ago, two months ago?
    50        A.  It has been within the -- I remember seeing a memo 
    51        circulated from McDonald's within the last two years. 
    52 
    53   MR. JUSTICE BELL:  I am getting a bit confused here.  I mean, it
    54        may be getting over-complicated.  I do not know whether
    55        there are laws as to when, if you work a period of time you
    56        are entitled to a break, the breaks should be taken.  Do
    57        you know if there is any such provision?
    58        A.  The understanding that I have is within a four hour
    59        period that someone should receive a break, when up to a
    60        point of working four hours.

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