Day 174 - 17 Oct 95 - Page 43
1 Rights Commissioner, was made quite soon after the
2 dismissals, was it not, because you just referred
3 previously that it can take up to six months to refer a
4 case?
5 A. I think what I meant by that was that a person has that
6 time in which to make an appeal. Yes, it was received,
7 I think -- what did you say, within three or four months,
8 was it?
9
10 Q. No. The dismissals were in June.
11 A. Excuse me, sorry. Yes.
12
13 Q. So it would have been within -- I think it is within about
14 five weeks of Mr. McCann's dismissal. Six weeks.
15
16 MR. JUSTICE BELL: Put your question or suggestion in relation
17 to it.
18
19 MS. STEEL: Well, you appear to be trying to put back the date
20 of the hearing. Is that perhaps because you were aware
21 that Mr. Trimble was leaving the Company and the country,
22 and so you hoped that he therefore would not be available
23 to give evidence?
24 A. No, I would not agree with that. As I indicated, I do
25 not know when Mr. Trimble left our Company. I have no --
26 I cannot recall the date, and I cannot recall the date that
27 he left the country.
28
29 MR. JUSTICE BELL: I think you should just put what your
30 allegation or suggestion is with regard to Mr. Trimble.
31
32 MS. STEEL: It is something I noticed, so perhaps if I just
33 refer to the two letters, which is that on page 1155, a
34 letter from the union to the Company on 26th July, 1985, is
35 addressed to Mr. David Trimble, Store Manager, but by the
36 letter sent on 22nd August, 1985, which is on page 1158, it
37 is addressed to just "The Manager", which might indicate
38 that he had left some time between that time.
39
40 MR. JUSTICE BELL: What you say is that the 4th July one is
41 addressed to Mr. Trimble. We have heard nothing of that.
42 The first he heard was of 26th July letter, which is also
43 addressed to Mr. Trimble.
44
45 MS. STEEL: Yes.
46
47 MR. JUSTICE BELL: Then he says that he asked Mr. Gallagher to
48 look after it. So he had Mr. Gallagher's letter on
49 9th August. If you want to make some point on the fact
50 that the next one is addressed just to the Manager of the
51 restaurant, then by all means put it to the witness.
52
53 MS. STEEL: The letter that is addressed to the Manager on
54 22nd August, would you accept that that is because
55 Mr. Trimble had left the Company?
56 A. No, I could not accept that, because I indicated I do
57 not know when he left the Company.
58
59 Q. That does not help to refresh your memory?
60 A. No, it does not. It is addressed to the Manager; it
