Day 181 - 01 Nov 95 - Page 09


     
     1
     2        In terms of what you said about overtime systems, that the
     3        Wage Council were trying to ensure all companies complied
     4        with, do you have any concerns about this kind of
     5        information you have now seen?
     6        A.  Yes, I do.  The obvious point -- and I will not labour
     7        it -- but the obvious point is that there is a substantial
     8        overtime problem in McDonald's which appears not to be
     9        rewarded on the statutory basis, from the evidence in the
    10        payslips in this enclosure, Bishop, Alimi.  In addition, it
    11        is extremely disturbing that Mary, whatever her surname
    12        is ---
    13
    14   MR. MORRIS:  Thomas.
    15        A.  -- Thomas, was a young person who has worked three
    16        hours beyond the legal maximum applicable at that time.  As
    17        I understood it, there was a 10 p.m. deadline for female
    18        employees, and it could well be that close, on the various
    19        days where she worked till close, was beyond 10 p.m.
    20
    21   Q.   I think that has been accepted by the Plaintiffs.
    22        A.  Fine.  If that be the case, then that is a double
    23        breach, is it not?
    24
    25   Q.   Yes.  There are other illegalities that have been accepted
    26        as well on this time sheet, in terms of the -- I cannot
    27        remember the exact laws and everything, but, for example,
    28        M. Harrison -----
    29
    30   MR. JUSTICE BELL:  I really do not think you need worry about
    31        it, because, with every respect to Mr. Pearson, who is only
    32        answering your question, I do not need a witness to say
    33        that it is wrong to work in breach of the law.  I may have
    34        to look at the extent to which it had happened, because
    35        I have to make some allowance for normal human frailties;
    36        so one has to look at the extent to which something
    37        happens.  But you really do not need Mr. Pearson.  With
    38        every respect to Mr. Pearson, I have to form my own view on
    39        that.
    40
    41   THE WITNESS:   Yes.  I think, in my view, it seems to be a
    42        systemic problem.
    43
    44   MR. JUSTICE BELL:  Well, that is another matter I have to form
    45        my view on.  I am grateful for your assistance, but it is
    46        my problem.
    47
    48   THE WITNESS:  You are the judge, yes.
    49
    50   MS. STEEL:   I do not actually know the answer to this question, 
    51        but -- I do not know whether you still have the Wages 
    52        Council order in front of you? 
    53        A.  Yes.
    54
    55   Q.   Where, on page 632 ---
    56        A.  Yes.
    57
    58   Q.   -- there is a definition of "meal" -- well, it is not much
    59        of a definition.  I was just going to ask you.  It is about
    60        two-thirds of the way down the page, and it says "meal

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