Day 206 - 22 Jan 96 - Page 60


     
     1        A.  I enjoy working for McDonald's.  I think it is a good
     2        Company to work for.
     3
     4   Q.   We have heard that the Plaintiffs' solicitors informed us
     5        that the Store Manager, Mr. Cummings -- this was on 8th
     6        November 1995, when we were trying to get access to this
     7        worrying letter -- that Mr. Cummings read Danny Olive's
     8        letter and he believes he put it in Mr. Olive's personnel
     9        file which was kept at Bath. "In accordance with standard
    10        practice, he did not send a copy to the Human Resources
    11        department or to anyone in the Regional Office.
    12        Mr. Cummings has no knowledge of what happened to it.  Last
    13        time he saw it was when he read it on his return from
    14        holiday."
    15
    16        Mr. Cummings not only did not show it to the Managers
    17        involved that were being invited to discuss these matters
    18        or consider these matters; he did not actually show it to
    19        anybody higher up either, did he?
    20        A.  Well -----
    21
    22   MR. JUSTICE BELL:  He cannot answer that.
    23
    24   MR. MORRIS:  Do you not think that that is an indication that
    25        your Store Manager was trying to bury the criticisms made
    26        of his store?
    27        A.  No.
    28
    29   Q.   You cannot believe that, can you, that your Store Manager
    30        might do something like that?
    31        A.  I do not understand what you mean by "believe".  I do
    32        not believe that my Store Manager would deliberately bury
    33        this letter or something out of some feeling that it was a
    34        criticism.
    35
    36   Q.   So, is it just incompetence, then, on behalf of the store
    37        Manager?
    38        A.  I do not know the reason -----
    39
    40   MR. RAMPTON:  My Lord, I do not understand how this witness is
    41        supposed to answer these questions.  He did not see the
    42        letter at the time.  He does not know what happened to it.
    43        Mr. Morris can make all the comments he likes when he comes
    44        to addressing your Lordship at the end of this case, but
    45        this cross-examination is sheer speech making.
    46
    47   MR. MORRIS:  It is not sheer speech making, because I am trying
    48        to test the witness's loyalty to the Company.
    49
    50   MR. JUSTICE BELL:  Yes.  But there must be a limit to 
    51        hypothetical questions.  You can make your criticism of the 
    52        fact that this letter does not seem to have gone any 
    53        further than the Store Manager, if that is what the
    54        position appears to be at the end of the case, but I really
    55        do not think that Mr. Henden can help.
    56
    57   MR. MORRIS:  (To the witness)  Mr. Olive, was he generally
    58        scheduled 4 until close; would that be typical?
    59        A.  He would normally, as I recollect it, work a Friday or
    60        a Saturday night shift, yes.

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