Day 304 - 22 Nov 96 - Page 03
1 12.4.86, this is the two weeks ending 12.4.86, 30.8.86.
2
3 MR. JUSTICE BELL: Sorry, you said she was generally working
4 well under 78 hours a week?
5
6 MR. MORRIS: A fortnight.
7
8 MR. JUSTICE BELL: A fortnight, right. But what is the 38.6 you
9 have just -----
10
11 MR. MORRIS: Sorry, that is the date. The two weeks ending on
12 30th August 1986.
13
14 MR. JUSTICE BELL: Right.
15
16 MR. MORRIS: 30.8.86, and the two weeks ending 12th April 1986.
17
18 MR. JUSTICE BELL: Yes, I have that one.
19
20 MR. MORRIS: Then the two weeks ending the 12th of the 9th 1987
21 and the two weeks ending the 10th of the 10th 1987 are all
22 showing overtime worked. Well, they would have to be
23 overtime worked because they are above 78 hours. In
24 particular, for example, the total hours... Well, for
25 example, on 12th April 1986 it was 82 and a half hours and
26 on 12th September 1987 the total was 90 hours, which shows
27 something like 12 hours overtime, which, by my calculation,
28 even without... Because it was after '86, it would not
29 have included the compulsory shift time increment being
30 taken into consideration in the overtime. But, even by my
31 calculation, she was clearly underpaid because she would
32 have to have worked at least 12 hours overtime, probably
33 more, obviously, because it probably would not have been
34 identical hours two weeks in a row, and even though she did
35 work some evening and premium hours and also she worked on
36 a Bank Holiday, which she would have...
37
38 Anyway, I mean, it is so complicated to work out with their
39 system. So, if I can just refer you to those. The other
40 thing is -----
41
42 MR. JUSTICE BELL: What are you saying in relation to her, that
43 she should have had one and a half times the rate for, say,
44 12 hours in any September 1987 fortnight?
45
46 MR. MORRIS: Yes. Also, part of that 12 hours she worked as a
47 Bank Holiday, so it should have been, I think, double the
48 rate. But I do not know. I have not got the full Acts, so
49 it is very hard to work out. But the minimum should have
50 been time and a half for all those 12 hours, which is to me
51 a very basic point. But before that, in 1986, the two from
52 1986 that include overtime working, would -- if I had a
53 copy of the Act, but according to Mr. Pearson -- have
54 incorporated the shift hours; therefore she cannot have
55 been paid the full amount. If she worked overtime, she
56 could not have received the full amount that she was
57 entitled to for those only small number of hours that she
58 worked overtime on the ones that are in 1986. That is the
59 point I am making. You have to note that some of the slips
60 include holiday pay, which should be just deducted; it is
