Day 208 - 24 Jan 96 - Page 26


     
     1        it says is that if you work for more than four hours on a
     2        Sunday, you cannot work more than, effectively, six days in
     3        a week.  Yes?
     4        A.  Yes -- I was not aware of this.
     5
     6   Q.   No, OK.  "(D) When an hourly paid employee works on a
     7        Sunday for four hours or less, he/she must receive half a
     8        day off during that same week, where he/she finishes work
     9        no later than 1.30 p.m."  So, in other words, if you work
    10        less than four hours on a Sunday, you have to have half a
    11        day off but you have to finish by 1.30 in that half day
    12        off.  Were you aware of that one?
    13        A.  No.
    14
    15   MR. JUSTICE BELL:  Were you aware of a distinction with regard
    16        to Sunday regulations as to whether you are a full-time or
    17        a part-time worker?
    18        A.  There is something to do with the rates of pay.  If you
    19        are a full-timer, I believe you get premium rates all day.
    20
    21   MR. MORRIS:  We are going to assume that that is the law of the
    22        land, unless it is challenged by Mr. Rampton at any stage
    23        in the case.
    24
    25   MR. JUSTICE BELL:  It is no use declaring that.  I am sorry,
    26        I do not mean to get short with you, but it is no use
    27        telling me that because it may be a false assumption.
    28
    29   MR. MORRIS:  I understand.  We are going to make that
    30        assumption.
    31
    32   MR. JUSTICE BELL:  I think you have to do some looking up about
    33        this.  Can I just express it to you in this way?
    34
    35   MR. MORRIS:  Yes, I understand.
    36
    37   MR. JUSTICE BELL:  It will not be sufficient at the end of the
    38        day to say:  "This practice was illegal", and when I say:
    39         "Well, you may well be right, but take me to the provision
    40        which demonstrates that", it will not be sufficient to
    41        say:  "Well, please look at pink 11, tab 5, page 284",
    42        because I will not be satisfied with that.
    43
    44        If what you are saying is:  "It was contrary to Company
    45        practice", then page 284 is sufficient to policy, then that
    46        would be sufficient for your purposes, but if you are
    47        saying it is a breach of the law, you have to go further.
    48        If an argument to that effect crops up, and I say to
    49        Mr. Rampton:  "Do you agree that is the law?", if he says:
    50        "Yes, I do", then that might well be sufficient.  If he 
    51        says:  "Well, to be quite candid, I have not checked that", 
    52        we are back where we were to start with. 
    53
    54   MR. MORRIS:  We would appreciate it if you did ask Mr. Rampton
    55        at some stage.  In fact, he may ------
    56
    57   MR. JUSTICE BELL:  I do not know; I may do, I may not.  On
    58        matters of law like this, whatever obstacles you have in
    59        your way, I think if you are going to say something is
    60        illegal, you ought to prepare yourself on that to give me

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