Day 207 - 23 Jan 96 - Page 13
1 right on that page, you see.
2
3 MR. MORRIS: Right. If they have not got it right, they are
4 either breaking the law or at least they are breaking the
5 policy of the Company, the Company's recognition of the
6 law.
7
8 MR. JUSTICE BELL: Bear in mind what I have said, because if
9 there is a provision which says that if you are working
10 from 7.00 until 3.00 or 8.00 to 4.00, or whatever, you are
11 not only entitled to a three-quarter hour break by law, but
12 you must have it. "It shall be allowed between the hours
13 of 11.30 and 2.30." Then it may add to the general common
14 sense point which you want to make about not making people
15 take their breaks right at the beginning of their shifts or
16 right at the end.
17
18 MR. MORRIS: Yes.
19
20 MR. JUSTICE BELL: So you have to look it up and make sure you
21 have it right.
22
23 MR. MORRIS: It does say at the bottom of that list of points
24 under "no two breaks", which is the last column on the
25 right, which in this case was accurate, according to them,
26 the ones they checked: "Where the employee has worked
27 between the hours of 11.30 to 7.00, employees did not
28 receive second break entitlement". That is what you were
29 saying something about in some cases you are entitled to a
30 second break, yes? I think the implication there is that
31 if you work both during the lunchtime and the teatime, then
32 you are entitled to a second break, yes? That is what it
33 says there, is it not?
34 A. That is what it says.
35
36 Q. Right. On page 171, can I ask you a question: do you look
37 back over previous audits to see how the store has
38 progressed from previous times?
39 A. The Store Manager would; it depends on the person
40 responsible for the area, say, personnel administration or
41 administration of certain aspects within the store that
42 would be broken down into individual responsibilities for
43 various Managers, and then that would be co-ordinated by
44 the Store Manager with the individual Assistant Manager
45 responsible.
46
47 Q. Right. So, are the store audits kept in a special store
48 audit file, or something like that, to be able to be looked
49 at?
50 A. They are kept in a store audit file.
51
52 Q. How many years does that go back, approximately?
53 A. I cannot answer the exact figure, but it is kept within
54 the file because I have not checked the last date when the
55 -----
56
57 Q. No, was it about five years, something like that?
58 A. For audits?
59
60 Q. Yes.
