Day 151 - 10 Jul 95 - Page 24
1 I would sit down with the manager and plan the anticipated
2 sales.
3
4 Q. You are saying that you ensured that crew were never
5 scheduled to work more than 39 hours a week?
6 A. Right, yes.
7
8 Q. That is what you are saying?
9 A. Yes.
10
11 Q. But did you ever sit down afterwards and check whether they
12 had actually, in fact, worked more than 39 hours a week?
13 A. One of the things I would have to do as part of my
14 responsibilities, again, was to check payroll, and that
15 would be the correct completion of the clock cards, and
16 I think we discussed under- and over-18.
17
18 MR. JUSTICE BELL: I mean, granted that the guidelines and the
19 object is to make sure that no one works more than
20 39 hours, when you checked the payroll, did you check
21 that? Would it matter a fig if someone worked 41 hours?
22 A. It would, indeed, so -----
23
24 Q. They would get a paid a higher rate. I mean, what would it
25 matter?
26 A. It would matter because, in terms of the scheduling
27 requirements, either we had people not showing up or
28 somebody was ill or we had not anticipated the sales volume
29 correctly. So part of my responsibilities would, again, be
30 to make sure that people were not working excessive hours.
31 So I would check it.
32
33 Q. You say "excessive hours". This is where I have a
34 problem.
35 A. OK.
36
37 Q. To a lot of people, 41 hours would not be excessive, by any
38 standard. What concerns me is whether, granted that you
39 are aiming at not working more than 39 hours, since they do
40 not get time and a quarter, time and a half, or double pay
41 for two hours if they work 41, is it really worth you
42 checking and doing something about it if two people in the
43 restaurant that week worked 41 hours? If it is, then say
44 so and tell me why?
45 A. It would certainly raise a question in my mind, and the
46 manager and I would then -- or I would ask the manager,
47 perhaps, why, whether it was two hours or 10 hours.
48
49 MISS STEEL: So how often was that happening?
50 A. The checking?
51
52 Q. No. How often was it happening that you were discovering
53 that crew were working more than 39 hours a week?
54 A. To my recollection, not at all.
55
56 Q. Never; you never recall it happening at all?
57 A. I do not recall crew. I can probably remember floor
58 managers who worked more than 39, but I have no
59 recollection for any one particular crew member working
60 more than that, or it being a problem, that is for sure.
