Day 151 - 10 Jul 95 - Page 34


     
     1        fact that maybe the road was closed outside or something
     2        had happened specifically in the restaurant, then I think
     3        we would look for volunteers to go home early.  In my
     4        experience, some people quite regularly like to finish
     5        early when it is only a one-off.
     6
     7   Q.   If a store was understaffed, people would have to work on,
     8        would not they?
     9        A.  What would generally happen, if the restaurant was
    10        understaffed because of something that had not been
    11        foreseen in the scheduling, then the manager would usually
    12        phone people in, as I suggested here, to come and cover
    13        that shift, or if somebody was sick; and that is another
    14        reason why there was understaffing -- but to carry on for
    15        I do not know how long it would be, 10 or 15 minutes
    16        perhaps, until somebody came in, depending on the distance
    17        they came.
    18
    19   Q.   So in all the cases where Mr. Alimi worked over 39 hours,
    20        it is because the system which you claim was in action,
    21        which is phoning for other people to come in, was not
    22        working?
    23        A.  No, I am not saying that at all.
    24
    25   Q.   Each time he worked over 39 hours, it was a failure of the
    26        system?
    27        A.  All I am suggesting -----
    28
    29   MR. ATKINSON:  Sorry, my Lord, he must be allowed to answer the
    30        question.
    31
    32   MR. JUSTICE BELL:  I have said before that a time comes with the
    33        witness when you have established the facts you are looking
    34        for.  I do not mind you putting a suggestion to a witness,
    35        but what I do not want it to do is degenerate into an
    36        argument between you and the witness.  You can say all
    37        these things to me in due course.
    38
    39   MR. MORRIS:  In both those cases of overstaffing or
    40        understaffing, if you did not get the volunteers, the
    41        manager had the right (and would exercise it) to send
    42        people home or require people to stay on longer?
    43        A.  It is my understanding that in terms if that happened,
    44        there were always plenty of people willing to come in and
    45        work.
    46
    47   Q.   And willing to go home?
    48        A.  Yes.  I think it is only personal recollection, but if
    49        I would be given the opportunity to finish a couple of
    50        hours early, I would take it. 
    51 
    52   MR. JUSTICE BELL:  I would, too, provided I knew I was going to 
    53        get paid for the two hours.  But what about people who are,
    54        you know, saving for a holiday or trying to run a motorbike
    55        or small car, or something like that, or just need the
    56        money for whatever reason ---
    57        A.  As I mentioned earlier -----
    58
    59   Q.   -- to pay their rent?
    60        A.  As I mentioned earlier on, we were asking for

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