Day 156 - 17 Jul 95 - Page 02
1 Monday 17th July, 1995.
2
3 MR. TONY GIARDINA, recalled.
4 Cross-Examined by the Defendants continued.
5
6 MR. MORRIS: Just one thing, you gave me back the Jensen.
7
8 MR. JUSTICE BELL: Yes. I found I had two copies of each so in
9 case you wanted further copies, you may as well have them
10 back.
11
12 MR. MORRIS: One other thing is that I have one ear completely
13 blocked up at the moment, so I am finding it very hard to
14 hear.
15
16 MR. JUSTICE BELL: If you have any difficulty with anything
17 anyone says, do not be bashful to ask them to repeat it and
18 speak up. We will all keep our voices up.
19
20 MR. MORRIS (To the witness): In your statement, Mr. Giardina,
21 you commented a couple of times about the attitude of
22 Mr. Magee; you said you got the impression he was an
23 employee who carried out his assigned tasks reasonably
24 competently, but had an unsatisfactory attitude towards the
25 Company and the job. You said you are not surprised that
26 he did not get a pay rise. If someone carries out their
27 job properly, why should they not get a pay rise just
28 because they have what you call an unsatisfactory attitude?
29 A. Well, the performance reviews that we actually carry
30 out, I think you have five grades, you have got
31 unsatisfactory, it might be average, good, excellent and
32 outstanding. So, if an employee who is average, basically
33 would not get a pay rise; if you are good, you would get a
34 pay rise. So, you know, if he fell in between that two
35 areas, he would not get a pay rise.
36
37 Q. Your point No. 18 in your statement, you said: "Magee's
38 allegation that he was under-paid is doubtful". So it may
39 be true then, you have some doubts? It is possible he was
40 under-paid?
41 A. Well, as I have stated previously, sometimes if crew
42 members forget to clock out, OK, and then maybe they only
43 work, say, Saturday, Sunday, and on Sunday night they fail
44 to clock out, then obviously that person might not bring up
45 the issue until the following week. But, basically, we
46 would sort the problem out straightaway if that was the
47 case.
48
49 Q. You said you worked about 35 hours in the store once it was
50 up and running ---
51 A. That is correct.
52
53 Q. -- as far as your systems are concerned. You said that
54 girls under the age of 18 were not scheduled beyond 9.45?
55 A. That is correct.
56
57 Q. But you would not have known, would you, if people
58 continued over their schedule? You would not personally
59 have known ---
60 A. Yes, you would.
