Day 166 - 28 Sep 95 - Page 54


     
     1        A.  That is certainly a possibility.
     2
     3   Q.   That is what ----
     4        A.  He changes his availability for a certain period of
     5        time.
     6
     7   Q.   In fact, you say he has not done that, but that is the end
     8        of the stick which Nicholas Magill may have got; that is
     9        your explanation?
    10        A.  Yes.
    11
    12   MR. JUSTICE BELL:  Just let me make a note.
    13
    14   MR. MORRIS:  But in terms of double shifts, obviously not 24
    15        hours admittedly, but how many people would work double
    16        shifts or how often would that happen or what circumstances
    17        would that happen in?
    18        A.  When people call in sick or no shows.
    19
    20   Q.   You then said in your statement, "It is possible that when
    21        a restaurant was very busy a crew member may go five hours
    22        without a break"; what disciplinary action was taken
    23        against management for allowing a crew member to work for
    24        five hours without a break that you can remember?
    25        A.  None.
    26
    27   Q.   Does it not matter to you when your Managers break policy
    28        or even Crew Handbook stated conditions of employment?
    29        A.  Would it matter to me?
    30
    31   Q.   Yes.
    32        A.  Yes; for rare occurrences or as the norm?  Obviously,
    33        if it is for the norm I would be very concerned, but I did
    34        not operate in that manner.
    35
    36   Q.   So if they break the terms and conditions of their
    37        employment as identified in the Crew Handbook, all the time
    38        that we can see, but if they only break it every now and
    39        again when it suits the management, that was fine as far as
    40        you are concerned?
    41        A.  There might be various reasons why, perhaps, somebody
    42        would not even want to go on a break when asked.  They
    43        might want to go later for their own reasons.  They might
    44        want to go to the bank at a later time and during a later
    45        time they want to conduct some personal business.
    46
    47   MR. JUSTICE BELL:  By break, what are you talking of?
    48
    49   MR. MORRIS:  We are talking about a meal break.
    50 
    51   MR. JUSTICE BELL:  Yes. 
    52 
    53   MR. MORRIS:  I am just checking what it was directly responding
    54        to.  I think he is referring here to ----
    55
    56   MR. RAMPTON:  My Lord, it is the follow-on statement of
    57        Mr. Magill.
    58
    59   MR. JUSTICE BELL:  Yes, on the first page.
    60

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