Day 301 - 15 Nov 96 - Page 46
1 MR JUSTICE BELL: I have made my point about pay. So if you
2 think there is any specific evidence which helps you on
3 that, get me to note it down.
4
5 MR. MORRIS: Well, you know, I think there is a general common
6 knowledge on the effect of union recognition and
7 representation on wage levels in different parts of the
8 world.
9
10 MR. JUSTICE BELL: All I am saying is, you are speaking to
11 someone with no political bias one way or the other, but
12 however that may have been some time ago, I don't know
13 whether I can accept that that is so, or has been so in the
14 economic situation which has prevailed for some years now.
15 In any event, apart from making some general judgment of
16 what seems to be common sense for me, I am anxious that I
17 should not miss any positive evidence on the point, which
18 is why I have raised it.
19
20 MS. STEEL: Where do we go on this? Surely, it must be a valid
21 opinion, to hold the opinion that there is a benefit from
22 union recognition in terms of wage levels. I mean, there
23 is a considerable proportion of the population do subscribe
24 to that view.
25
26 MR. JUSTICE BELL: It may be, but I have to look at what is
27 justified in the sense of being true, I suppose. That is
28 why it is important to try and distinguish areas where fair
29 comment is your defence and where justification is your
30 defence, or where you say, "Quite apart from justification
31 I have a defence of fair comment as well". You see, I have
32 to look at the terms of the leaflet, as well. If the
33 leaflet had had a little paragraph in it saying, "We
34 believe that McDonald's employees would be better paid if
35 they accepted union representation", then first of all,
36 I doubt that would have been sued over and there could be
37 no cause for complaint. Of course that is a view someone
38 is entitled to put forward.
39
40 But I have got to concentrate on what is defamatory here,
41 and so far as unions are concerned, whatever you may
42 believe perfectly genuinely about the improvements on
43 union, that the sting of this leaflet so far as unions are
44 concerned seems to me that it says McDonald's not only get
45 rid of pro-union workers but have a policy of preventing
46 unionisation by getting rid of pro-union workers and have
47 sacked many employees for attempting union organisation.
48
49 MR. MORRIS: Hang on, wait a minute. The leaflet does not say
50 that at all.
51
52 MR JUSTICE BELL: It does, it says at the top of the right hand
53 column-----
54
55 MR. MORRIS: I know Mr. Rampton is trying to weigh in, because
56 he has a little bit of opening here. So far as we are
57 concerned, the leaflet does not say that McDonald's has
58 sacked anybody at all. It says -----
59
60 MR. JUSTICE BELL: Look at the bottom of the left-hand column.
