Day 162 - 25 Jul 95 - Page 03


     
     1
     2   MR. MORRIS:  Sorry.  Do you remember, did he make that
     3        allegation about working a week of about 97 hours when he
     4        left; is that the allegation?
     5        A.  I heard it from Head Office, yes.
     6
     7   Q.   From Head Office?
     8        A.  From Head Office.
     9
    10   Q.   So he wrote to Head Office?
    11        A.  I do not know in what form he complained or he made the
    12        allegation, but I was asked to bring up all the schedules
    13        for those six or seven months of the management schedules,
    14        and I reported and showed what was on the schedule.
    15
    16   Q.   Right.
    17        A.  I was told that he has worked 96 hours at that time.
    18        He has reported to McDonald's Head Office that he worked
    19        excessive hours.
    20
    21   Q.   He had reported that to Head Office?
    22        A.  Yes.
    23
    24   MR. JUSTICE BELL:  Just pause a moment.  Do you know whether he
    25        had actually reported -- were you told he reported that to
    26        Head Office or that that was one of the things which came
    27        on the film?
    28        A.  No, I would not know.  I do not know the reason why it
    29        came.
    30
    31   MR. RAMPTON:  Lest there should be any doubt about it, I would
    32        not want the defence to think it is evidence of anything,
    33        because at the moment it is in a condition of double
    34        hearsay.
    35
    36   MR. JUSTICE BELL:  I appreciate that.  That is another problem.
    37        But I wanted to get the basis of it.
    38
    39        (To the witness)  Did you actually check the schedules
    40        yourself?
    41        A.  Yes, sir.
    42
    43   Q.   What was the maximum you found in any one week; can you
    44        remember?
    45        A.  The maximum was six days.  That was not every week, but
    46        five and six days a week.
    47
    48   Q.   But how many hours?
    49        A.  Eight hours.
    50 
    51   MR. MORRIS:  That is the scheduled time, is it not? 
    52        A.  That is correct. 
    53
    54   Q.   People that are in salaried positions can go over their
    55        schedule without, if necessary -- they do not clock in and
    56        clock out, do they?
    57        A.  Yes, but if they do wish to go, they could go.  That is
    58        the time they are running a shift.
    59
    60   Q.   Yes, I understand.  They do not clock in and clock out?

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