Day 313 - 13 Dec 96 - Page 05

     
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     2   MR. JUSTICE BELL: Just let me look at that.
     3
     4   MR. MORRIS:  The second one can be ripped out, it has a tab on
     5        it by mistake.
     6
     7   MR. JUSTICE BELL: Just let me read it.  (Pause).  Yes.
     8
     9   MR. MORRIS:  The drift of it is that that, really, has been
    10        developed in this case, which is that increasingly hearsay
    11        is admissible, and certainly the trial judge has a great
    12        deal of discretion to allow hearsay evidence, and to
    13        consider it.
    14
    15        Much of it is not controversial.  The other thing about it
    16        is there is a submission there about admissions against the
    17        interest made by McDonald's representatives which we would
    18        say applies down to anyone in the position of authority in
    19        the organisation, at any level, talking about something
    20        which they may have knowledge of, but we have had that
         argument before in the case and I think that both parties
    22        have put their argument quite strongly on that previously.
    23        So if any of that helps, any of those references help.
    24
    25   MR. JUSTICE BELL: Well, I read it through.  I will look at it
    26        more closely.  Thank you.
    27
    28   MR. MORRIS:  The last thing I want to hand up is about
    29        McDonald's employment practices.  I think you must have a
    30        copy now.  We say, in four respects, McDonald's employment
    31        practices at the relevant times in this case have been
    32        illegal.  Obviously, we have already heard evidence and
    33        submissions about their non-payment of overtime and the
    34        failure to pay the statutory minimum amount to what we
    35        would say would be a substantial amount of employees, and
    36        it is accepted that one of our witnesses was underpaid to
    37        that effect.
    38
    39        Now, the next area of illegality is the contractual
    40        restriction on trade union activities and contacts with
         trade union officials which stems from the contract, the
    42        Crew Handbook and also stems from the admission by the
    43        testimony of Sid Nicholson, the former head of personnel,
    44        that would rule out contacts with trade unions.  I will not
    45        go through it here, but what we start off with, the first
    46        paragraph refers to the submissions of Mr. Rampton,
    47        admitting that if it was established that McDonald's had a
    48        policy of sacking anyone who shows him or herself to be
    49        pro-union that would not only be unlawful but it would, to
    50        any right-thinking person, appear to be a serious abuse of
    51        power.  Mr. Rampton's words.
    52
    53        And we say just that their policy not only is a policy but
    54        it is in the contract of employment, which is the Crew
    55        Handbook, which effectively means that anybody who makes
    56        any kind of trade union activity or steps towards it can be
    57        disciplined and dismissed.  In fact, contacting a trade
    58        union official about conditions of the workplace would be a
    59        summary sackable offence, said Mr. Nicholson.  So, we say
    60        their policy is established in that area.  This document