Day 313 - 13 Dec 96 - Page 07

     
     1        areas of illegalities that McDonald's have, we say,
     2        conceded in their submissions on employment, which is the
     3        working of young people, which was formally unlawful,
     4        beyond ten o'clock.
     5
     6   MR. JUSTICE BELL: You are going back into the facts now.  You
     7        told me all this already weeks ago.
     8
     9   MR. MORRIS:  No, all I am saying is that the working of
    10        under-18s illegal hours has been admitted by McDonald's in
    11        their-----
    12
    13   MR. JUSTICE BELL: Why are you telling me this again now?
    14
    15   MR. MORRIS:  Because we say there are four areas of
    16        illegalities.  That is the third one.
    17
    18   MR. JUSTICE BELL:  You are going back into the facts now.  You
    19        have told me this in open court on a number of previous
    20        occasions, and it is not productive just to go through it
         again.
    22
    23   MR. MORRIS:  We feel it is significant that with that and also
    24        the fact of the people not receiving their full breaks
    25        entitlement which Mr. Rampton----
    26
    27   MR. JUSTICE BELL:  I am not going to allow you to go over things
    28        again.  I am very much tempted to think it is because there
    29        is a presence in the press box today that you are
    30        mentioning it.
    31
    32   MR. MORRIS:  It is not a reason at all. It is because I had a
    33        submission which I was hoping-----
    34
    35   MR. JUSTICE BELL: Please put that then.  Do not go over the
    36        facts again just because you think there is an audience,
    37        apart from me, who might be interested to hear it.
    38
    39   MR. MORRIS:  I am not going over the facts, what I am saying is
    40        the submission that we made on unions, the person who did
         it for us did not have time to prepare a similar submission
    42        about the non-payment of overtime and non-receipt of full
    43        breaks entitlement, and the illegal hours working by young
    44        people.  All I am saying is that we did not have the time
    45        to do that in writing, so I was just saying we considered
    46        those are significant areas of illegalities and that should
    47        be taken into consideration.
    48
    49   MR. JUSTICE BELL: You have said that to me before on a number of
    50        occasions.
    51
    52   MR. MORRIS:  Right.  OK.
    53
    54   MS. STEEL:   I am going to do something about counterclaim, come
    55        back and answer the points on the counterclaim.  But before
    56        I do that, just about those bundle of letters.  I am not
    57        trying to re-argue this but in case it makes any material
    58        difference, Mr. Rampton when he butted in when I was trying
    59        to put my point, my argument, said that they were disclosed
    60        as item 49 in the Plaintiffs' first list of documents on