Day 206 - 22 Jan 96 - Page 69


     
     1
     2   MR. RAMPTON:  My Lord, this may save time, respectfully, I think
     3        there is a difficulty about that.  One of the benefits of
     4        your Lordship's order for discovery (which actually we
     5        supplemented so far as the rap session notes is concerned,
     6        we added an additional year) is that one can get an overall
     7        or balanced view.  Plucking the odd thing out of one
     8        document or another really does not help at all.  It is
     9        certainly doubtful that this witness can help to contribute
    10        to the overall picture by commenting on a particular
    11        statement out of a particular document at a particular
    12        time.
    13
    14   MR. JUSTICE BELL:  Let us take the topics as Mr. Morris raises
    15        them.  If you are content, Mr. Rampton, that he leaves it
    16        to Mr. Logan to refer to these, and that you can put to
    17        Mr. Logan anything in cross-examination to seek to diminish
    18        Mr. Logan's evidence, whatever it is, on the subject, then
    19        I am content with it.
    20
    21   MR. RAMPTON:  Yes.  The only way to answer the question which,
    22        in fact, was, contrary to what Mr. Morris thought, the
    23        witness did agree with, for example, was there an on-going
    24        problem with late performance reviews?  The only way to
    25        answer that, apart from the direct evidence of a witness --
    26        there will be at least one in court and there is Mr. Olive
    27         -- is to read the whole thing and -----
    28
    29   MR. JUSTICE BELL:  I think the short answer is, Mr. Morris, that
    30        there is no need to put parts of the performance reviews to
    31        Mr. Henden in relation to that.  What Mr. Henden has said,
    32        that there has been criticism about performance reviews;
    33        some were done late for a number of years; some were done
    34        late.  To get the picture as to whether it is a significant
    35        sum or not a significant sum, one may have to look at a
    36        number of them, but you do not have to look at them with
    37        Mr. Henden.
    38
    39   MR. MORRIS:  OK.  It may help to look at one page 188.
    40
    41   MR. JUSTICE BELL:  Which bundle is that in?
    42
    43   MR. MORRIS:  Of the volume 1.  Yes, it seems to be on that
    44        page.  You see the column headed "PRs number done", second
    45        from last, or third from last, Mr. Henden, yes?
    46        A.  Yes, I see it.
    47
    48   Q.   It has "1 out of 1"; does that mean of the one that should
    49        have been done one was done?
    50        A.  That is the way I read it, yes. 
    51 
    52   Q.   Right.  Sorry, this is on a store audit, is it, or 
    53        something?
    54        A.  I think it is a back page of a personnel audit.
    55
    56   Q.   By somebody higher up in McDonald's, Human Resources?
    57        A.  Jane Jarvis, yes, who is -- who used to be in the Human
    58        Resources Department.
    59
    60   Q.   Right.  If we note that the next one "3 out of 4" done, two

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