Day 182 - 02 Nov 95 - Page 16


     
     1   Q.   That is notice of dismissal?
     2        A.  Notice of dismissal, and the opportunity to apply for a
     3        regular restaurant job.
     4
     5   MR. JUSTICE BELL:  Just pause there.  Yes.
     6
     7   MR. MORRIS:  That was distributed to all the closers; that is
     8        what it says at the top?
     9        A.  Yes, I believe so, yes.
    10
    11   MR. JUSTICE BELL: Mr. Holm suggests that they were not only told
    12        they could apply for a regular restaurant job, but that
    13        they would get some precedence in that.  Does that mention
    14        that in the letter?
    15        A.  It is mentioned as well, yes.  The only problem -----
    16
    17   MR. RAMPTON:  This is really the difficulty.  I mean, I am not
    18        at all trying to be difficult, but I suspect that, as ever
    19        in these proceedings, the wording of contemporaneous
    20        documents may be quite important.  All I have at the time,
    21        apart from what the witness says from the box, are some
    22        handwritten notes on the bottom of those documents which,
    23        as is now apparent in this very case, is -- not misleading,
    24        I do not mean that -- but it is wholly incomplete; and the
    25        two things which are now mentioned are crucially important.
    26
    27   MR. JUSTICE BELL:  To be fair to Mr. Jenssen, he volunteered the
    28        first ---
    29
    30   MR. RAMPTON:  Yes, he did.
    31
    32   MR. JUSTICE BELL: -- and was only too happy to accept the second
    33        when ------
    34
    35   MR. RAMPTON:  I am not making any criticism of him at all.
    36
    37   MR. JUSTICE BELL: I appreciate the difficulty.  I think the best
    38        thing is to go on, nevertheless; and if you choose to take
    39        the opportunity of someone who can read Norwegian going
    40        through them and saying there was anything in the future to
    41        see whether it requires translation, then we will.  The
    42        alternative is that -- we do have Mr. Holm's statement.
    43        The question I have just asked which elicited that answer,
    44        I appreciate, is a question you might very well have asked
    45        in cross-examination, yourself.
    46
    47   MR. RAMPTON:  I might have done if I had known the answer, which
    48        I would have done if I had the translation.
    49
    50   MR. JUSTICE BELL: The judge can always be braver about this. 
    51 
    52   MR. RAMPTON:  Exactly.  That is the difficulty I am under. 
    53
    54   MR. JUSTICE BELL:  Yes.  Let us see how we go anyway, because at
    55        the end of the day I am going to have to see how much issue
    56        of fact there actually is between Mr. Jenssen and Mr. Holm
    57        and the other gentleman whose name, is it -----
    58
    59   MR. MORRIS:   (To the witness): Is there anything in that letter
    60        which guarantees that they will get another job?

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