Day 185 - 07 Nov 95 - Page 17

     
     1
     2   MR. RAMPTON:  My Lord, I am not sure Mr. Morris has it right,
     3        you see.  If he is looking at 1502, which I think he was,
     4        that is the response of Ballantyne Foods, not of
     5        McDonald's.
     6
     7   MR. MORRIS:  It says "the Respondents."
     8
     9   MR. RAMPTON:  Yes, and then the correct name of the respondent
    10        party, 1499 Ballantyne Foods Limited.  Your Lordship will
    11        remember that the two defences, McDonald's defence, if
    12        I could it call it a defence, the response, was that it was
    13        not properly joined.  It is the response of Ballantyne
    14        Foods and not McDonald's, Canada.
    15
    16   MR. MORRIS:  It helpfully shows to where McDonald's -----
    17
    18   MR. JUSTICE BELL:  What does it matter anyway?  What does this
    19        matter amongst all the issues in this case, about whether
    20        Sarah Inglis was overbearing, or whether when the crew
         members wanted their cards back that was because someone
    22        had stirred up anxiety about the results of unions, and all
    23        those issues which I have to reflect on, what does it
    24        matter what Miss Iurilla thinks about the lawyers taking
    25        this point which I should think is probably taken in an
    26        awful lot of these disputes.
    27
    28   MS. STEEL:   It reflects more on the Company, I think, the fact
    29        that they will go to any extreme.
    30
    31   MR. JUSTICE BELL:  Why question Miss Iurilla about it?
    32
    33   MS. STEEL:  She is giving evidence on behalf of the Company.
    34
    35   MR. JUSTICE BELL:  Yes, but that does not mean to say that she
    36        can be questioned, usefully questioned, about
    37        responsibility for that.
    38
    39   MR. MORRIS:  OK, just one question then.  (To the witness):  Cam
    40        Ballantyne Foods Limited (and I have not checked all the
         other documents but that is definite) did not want anybody
    42        under 18 to have a right to join a union, yes, and over
    43        half the people in the store were under 18.
    44
    45   MR. JUSTICE BELL:  Do you know about that?
    46
    47   MR. MORRIS:  She said that -----
    48
    49   THE WITNESS:  No, I heard about it.  I mean, I was -- I do not
    50        know if they actually put it in writing.  I do not know. 
    51 
    52   MR. JUSTICE BELL:  You can really argue this, if you like, off 
    53        the papers.  My query is not that you should not be able to
    54        argue it, my query is what the use is of asking
    55        Miss Iurilla about it.
    56
    57   MR. MORRIS:  All right.  We can argue that the Company is
    58        clearly anti-union-----
    59
    60   MR. JUSTICE BELL:  I mean, to say that someone is giving