Day 156 - 17 Jul 95 - Page 12
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2 MS. STEEL: It is the Defendants' documents bundle IV from the
3 original list.
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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?
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9 MS. STEEL: It is in tab 117 or 17, but it is right in the
10 middle.
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12 MR. MORRIS: It is after the wage slips.
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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.
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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.
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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.
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31 MS. STEEL: If they need the money, then they do not have a lot
32 of choice, do they?
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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.
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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.
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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?
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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.
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55 MS. STEEL: You will be more productive.
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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.
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