Day 182 - 02 Nov 95 - Page 48


     
     1        and Mr. Morris about that.  Do you have any comment to make
     2        on that?  It seems perfectly sensible to me.  Mr. Rampton
     3        is saying nothing will be lost or gained on either side if
     4        he closes his cross-examination there, but is allowed to
     5        take instructions, if he wishes, from Mr. Holm and
     6        Mr. Graham and serve extra statements.
     7
     8   MR. MORRIS:  Civil Evidence Act?
     9
    10   MR. JUSTICE BELL:  Yes, Civil Evidence Act statements.
    11
    12   MR. MORRIS:  I do not have any objection to that.
    13
    14   MR. JUSTICE BELL:  You see, he is not suggesting that
    15        Mr. Jenssen has sought to mislead me; it is just a question
    16        of where the information on either side comes from.
    17
    18   MR. RAMPTON:  Yes.
    19
    20   MR. JUSTICE BELL:  I do not think you are going to miss out if
    21        that course is taken.
    22
    23   MR. MORRIS:  No.
    24
    25   MR. JUSTICE BELL:  I cannot think that there is anything to
    26        re-examine on arising out of what Mr. Rampton has put, but
    27        I am bound to give you the opportunity to re-examine, if
    28        you wish.
    29
    30                      Re-examined by the Defendants
    31
    32   MR. MORRIS:  I will just ask you two or three questions:
    33        Mr. Rampton asked you about the minimum rates, and you said
    34        something about the union was happy that McDonald's
    35        complied with the minimum rate for the industry.  I cannot
    36        remember what the exact question is -- I did not get a very
    37        good note on it -- but I think it may be something to that
    38        effect, but what is your position as regards the rates of
    39        pay at McDonald's?
    40        A.  Well .....
    41
    42   MR. JUSTICE BELL:  How does that arise out of -- what was it in
    43        cross-examination that that arises out of?
    44
    45   MR. MORRIS:  I was just a bit worried that the question was
    46        worded in such a way from Mr. Rampton that it gave the
    47        impression that the witness agreed that the rates were
    48        satisfactory.  To me, it was -----
    49
    50   MR. JUSTICE BELL:  Neither side, either in chief or in 
    51        cross-examination, asked that question at large in that 
    52        way.  I have had various evidence as to what rates were and 
    53        how they increased, according to Mr. Jenssen's evidence.
    54        I do not want you to embark on asking the witness what his
    55        opinion of the rates is now for the first time.  If there
    56        is something which has arisen out of cross-examination
    57        which you think is not clear, then ask about that.
    58
    59   MS. STEEL:   When you were asked about the new union agreement
    60        preventing performance related pay, you said that was not

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