Day 167 - 02 Oct 95 - Page 61


     
     1        have been mentioned -----
     2
     3   MR. RAMPTON:  Six out of 14 are still working at the
     4        restaurant.
     5
     6   MR. JUSTICE BELL:  I know.  Mr. Morris or Ms. Steel might say:
     7         "Well, we would like to make a further enquiry of someone
     8        who has left", but I am not saying, go and ask this person
     9        but, to give an example, Jason Dixon on Mr. Morris'
    10        particulars has 1994, very long hours, often unsocial, got
    11        no overtime pay, but we know no overtime is paid.
    12        Mr. Richards had said that he is still a part-time crew
    13        member.  He has been there about a year.  There is one
    14        example.  John Gore, particularly, is mistreated by
    15        scheduling.  Mr. Richards has said he still works there.
    16        He has worked for four years since 1991 or 1992.  So,
    17        without creating an avalanche, one can imagine that one or
    18        two people can be enquired of by either or both sides to
    19        this litigation.
    20
    21        So, I am not at the moment contemplating extensive
    22        discovery when I have not got any potential evidence from
    23        any of the people whose names have now been given to
    24        Mr. Morris by Mr. Logan.  But what I am thinking of (and
    25        I certainly have not made up my mind and would not do until
    26        I have heard what argument needs to be put forward) is that
    27        a limited period of the manual schedules, if they are
    28        available, as a starter anyway, so it would help me to know
    29        what is, in fact, available.
    30
    31        Whatever the answer to that is, you can develop your
    32        argument against me making any appropriate direction if you
    33        want, but I would like to know what is there.
    34
    35   MR. RAMPTON:  Yes.  Your Lordship knows my only concern in all
    36        of this, as ever, is generating yet more documents which
    37        leads to time spent in court which in the end proves, as so
    38        often, not to be beneficial to the resolution of the case.
    39        That is all I am concerned about.
    40
    41   MR. JUSTICE BELL:  Yes.  I appreciate that.  On the other hand,
    42        the Defendants' attack is this, that whatever the system
    43        may be, whatever the McDonald's witnesses who, by and
    44        large, have done well within the system say the system is,
    45        a few spot checks, as it were, shows that that is not what
    46        is happening on the ground.  So, at the moment I am
    47        prepared to contemplate some discovery to test that and see
    48        if that may be justified or if the documentation may help
    49        me see if it is justified as a starter.
    50 
    51   MR. RAMPTON:  Yes. 
    52 
    53   MR. JUSTICE BELL:  Anyway, there you are.  I will not say any
    54        more, unless there is further argument on it.
    55
    56   MR. RAMPTON:  No, I understand that.  I would like to be in a
    57        position to start on this exercise tonight.  Therefore, I
    58        will need the help of Mr. Richards if ......
    59
    60   MR. JUSTICE BELL:  Yes.  I do not see, Mr. Morris -- I address

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