Day 156 - 17 Jul 95 - Page 12


     
     1
     2   MS. STEEL:  It is the Defendants' documents bundle IV from the
     3        original list.
     4
     5   MR. JUSTICE BELL:  If you do not mind getting it, please,
     6        Mr. Giardina, in the left end of the middle row, No. 4.
     7        A.  Yes.  Which one is it?
     8
     9   MS. STEEL:   It is in tab 117 or 17, but it is right in the
    10        middle.
    11
    12   MR. MORRIS:  It is after the wage slips.
    13
    14   MS. STEEL:  Yes, it is the end of the wage slips.  There is a
    15        performance review.  In the personal attributes column
    16        there is an attitude, you are marked on your attitude,
    17        "desire to progress and towards store success".  Yes?
    18        A.  Yes.
    19
    20   Q.   You are aware of this, presumably, or have you never seen
    21        one of these before?
    22        A.  Yes, I have seen one of these and I was aware of it.
    23
    24   MR. JUSTICE BELL:  I have to say that whatever the accuracy of
    25        Mr. Giardina's accident, I will need an awful lot of
    26        persuading that there is anything wrong with any employee
    27        having as part of his attitude the success of his employer,
    28        financially or otherwise; you might just as well not bother
    29        to work for him otherwise.
    30
    31   MS. STEEL:  If they need the money, then they do not have a lot
    32        of choice, do they?
    33
    34   MR. MORRIS:  I think that it is probably a matter of comment,
    35        but I do not see why anybody should have any enthusiasm
    36        about working for McDonald's; it is a job you get paid for.
    37
    38   MR. JUSTICE BELL:  I totally disagree with you and I do not need
    39        any further argument on that point.  I am not
    40        distinguishing McDonald's from any other employer when I
    41        say that.
    42
    43   MS. STEEL (To the witness):  But providing they are doing the
    44        job in accordance with their, well, they are producing the
    45        burgers to sell to the customers and serving the customers,
    46        is there any reason why they should be enthusiastic about
    47        the Company or concerned about the Company making profits?
    48
    49   MR. JUSTICE BELL:  You do not need to answer that.  There are
    50        some things I need evidence on and some I do not.  I know 
    51        enough about human nature to know that if you are 
    52        enthusiastic for the success of your employer, you are just 
    53        bound to do your job better.
    54
    55   MS. STEEL:  You will be more productive.
    56
    57   MR. JUSTICE BELL:  Yes, and generally create the right
    58        impression.  You may have a lot of good points in this
    59        case, but I cannot accept that as one of them.
    60

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