Day 156 - 17 Jul 95 - Page 04

     
     1        many years, so it was not anything strange.
     2
     3   Q.   That is Company policy, is it not?
     4        A.  That is correct.
     5
     6   Q.   But the reality is, I think, I cannot remember actually
     7        whether you said before -- did you say what percentage
     8        actually ended up working more than 39 hours a week?
     9        A.  No, I do not recall I did.
    10
    11   Q.   I might have got you mixed up with Mr. Davis, but you
    12        said:  "Management usually worked over 39 hours".  When you
    13        said:  "Not many employees worked in excess of 39 hours",
    14        what kind of numbers?
    15
    16   MR. RAMPTON:  My Lord, that is a distortion.  What he is denying
    17        is the allegation by Mr. Magee that many did.
    18
    19   MR. JUSTICE BELL:  It does not mean that the converse is true.
    20
    MR. RAMPTON:  No.
    22
    23   MR. JUSTICE BELL:  You can ask him about it, by all means.
    24
    25   MR. MORRIS:  Right.  I think we have heard somewhere that the
    26        national figure is something like five per cent who work
    27        over 39 hours.  Was your store any different?
    28
    29   MR. JUSTICE BELL:  Why not just ask him, Mr. Morris?
    30
    31   MR. MORRIS:  What roughly was your percentage that in the end
    32        worked over 39 hours?
    33        A.  I really could not say because it was, maybe it was few
    34        and far between.  You know, certain times of the year it
    35        was slightly different.  There was just no figure that
    36        I could put on.
    37
    38   Q.   When you say:  "Management usually worked over 39 hours,
    39        that was our choice", would that have included Floor
    40        Managers, yes?
         A.  No, the salaried Managers.
    42
    43   MS. STEEL:  Did you get any trouble from Head Office over crew
    44        working more than 39 hours?
    45        A.  No, because it was not a regular occurrence, so I was
    46        never in that situation.
    47
    48   Q.   Nobody ever said anything to you about it?
    49        A.  No, we have discussed in general at meetings and when
    50        I was with my Supervisor the problems with people working 
    51        excess hours or over 39 hours, so it never become an issue 
    52        because it was never done. 
    53
    54   Q.   It was just a generalised discussion; there was never any
    55        actual formal investigation into instances where crew were
    56        working over 39 hours a week?
    57        A.  Not in the restaurant that I was in, no.
    58
    59   MR. MORRIS:  If you go to page 12, please, of that statement,
    60        point 31:  "Drinks breaks were at the management's