Day 122 - 05 May 95 - Page 41
1 their wage by keeping tips?
2 A. No.
3
4 Q. Which they might receive?
5 A. No.
6
7 Q. Whereas in other restaurants that is a frequent occurrence?
8 A. I think it is in the sit-down meal restaurants where
9 you have waitress service, I think that is right, yes.
10 Whether everybody does or not, I do not know.
11
12 MR. MORRIS: Just on that subject, there is a document in the
13 Defendants' additional list -- I do not know if you still
14 have that there?
15 A. Yes, VI.
16
17 Q. The thin one.
18 A. Bundle VI yes.
19
20 Q. It is document No. 8?
21 A. I have it.
22
23 Q. No. 8, it is an article in the Sun newspaper, February 20th
24 1995, about a McDonald's trainee Manager who was accused of
25 not putting a 3 pence tip into the till straightaway, and
26 was sacked for gross misconduct. Are you aware of this
27 actual situation?
28 A. No.
29
30 Q. But if somebody did what it is claimed happened there, and
31 did not put a 3 pence tip in the till, would it be fair to
32 say that that would be gross misconduct?
33 A. I cannot comment upon this particular incident because
34 I know nothing of it. I do not know the circumstances
35 surrounding it, but in a McDonald's restaurant it is
36 forbidden for staff to receive gratuities from customers.
37
38 Q. So it is, in fact, gross misconduct?
39 A. If staff receive tips, it is.
40
41 Q. So what can be normal in some parts of the catering
42 industry, in fact can be gross misconduct at McDonald's?
43 A. I am not responsible for the rest of the industry.
44
45 MR. JUSTICE BELL: Is there a problem of some kind?
46
47 MS. STEEL: We are actually nigh on finished. We are trying to
48 make up our minds whether or not to ask any more questions.
49
50 MR. JUSTICE BELL: If you reached that situation, I would rather
51 you just said: "Can we have a moment, or two?" I will not
52 leave court, but you can sit down, sort out what is left
53 and make a note if need be. Why not do that, sit down and
54 get organised?
55
56 MR. MORRIS: Mr. Nicholson, you are Vice-President?
57 A. Yes.
58
59 Q. So you attend a whole range of different company meetings
60 at executive level?
