Day 154 - 13 Jul 95 - Page 40


     
     1
     2   MR. MORRIS:  It would be an extra -- yes, it may be an extra six
     3        or seven hours on top of that a week?
     4        A.  Yes, yes, you are right.
     5
     6   MS. STEEL:   Were you here when we were discussing Mr. Alimi's
     7        payslip with Mr. Stanton?
     8        A.  Yes, I was.
     9
    10   Q.   Do you recall any investigation into the hours that
    11        Mr. Alimi was working?
    12        A.  Not specifically, but there may well have been some
    13        discussion on the subject.
    14
    15   Q.   A discussion?
    16        A.  Yes.
    17
    18   MR. MORRIS:  While Helen prepares that, on that last subject,
    19        you said something like: "At Colchester we had paid
    20        breaks", but I thought you said that only two or three
    21        people, in your evidence, elected to stay on paid breaks,
    22        the rest all volunteered to be unpaid during their breaks
    23        and get a 10 pence an hour increase.  Is that correct?
    24        A.  Yes.  I am not exactly sure when that came in, though.
    25        So far as I remember, when I was at Colchester, it was paid
    26        breaks.
    27
    28   Q.   But you would have to have been there to know that only two
    29        or three people, in your evidence, wanted to have the
    30        higher rate of pay, i.e., to be paid during the breaks?
    31        A.  Might have been the area supervisor.  I cannot recall
    32        the exact time when that was brought in.
    33
    34   Q.   OK.  But when you were area supervisor -- I see, OK.  As
    35        from the time that you introduced unpaid breaks at
    36        McDonald's, people on 39 hours were actually working the
    37        equivalent of something like 45 hours that somebody
    38        else -----
    39
    40   MR. JUSTICE BELL:  Had you not better express it another way?
    41        It might be thought they were not working.  But what you
    42        are getting at is, they would have to be at work, at their
    43        place of work, you are suggesting?
    44
    45   MR. MORRIS:  Yes.  (To the witness)  Did you understand the law
    46        on overtime payments when you were area supervisor?
    47        A.  No, I did not.
    48
    49   Q.   You know that non-payment of overtime is unlawful or
    50        illegal, or was unlawful or illegal at that time? 
    51        A.  I did not know that.  I do not know it now, to be 
    52        honest. 
    53
    54   MR. JUSTICE BELL:  Do we know that?
    55
    56   MR. MORRIS:  It is accepted.
    57
    58   MR. JUSTICE BELL:  No.  Do you not remember, there was a federal
    59        statute in the United States which said that you must pay
    60        overtime?

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