Day 118 - 01 May 95 - Page 13

     
     1        Department.  That is the check.
     2
     3   Q.   Can you explain how they did it then?
     4        A.  Pardon?
     5
     6   Q.   Can you explain how for each individual worker who worked
     7        over 39 hours a week they sat down and worked this all
     8        out?  How, when and where would it have been done?
     9        A.  Oh, in the Payroll Department and by Personnel Officers
    10        when they visited the stores and, of course, the stores
    11        supervisors, senior supervisor.  Obviously, they are things
    12        they would look into.
    13
    14   Q.   Are you saying they worked it out for every individual?
    15        A.  Probably not.
    16
    17   Q.   So there were occasions when people were not getting what
    18        was due to them?
    19        A.  No, that does not mean that at all.
    20
    Q.   Do you have a written agreement with the wages inspector
    22        rate about this matter with the no need to pay overtime?
    23        A.  A written agreement with the Wages Council, no?  I do
    24        not suppose anybody has a written agreement with the wages
    25        inspectors.
    26
    27   Q.   Are crew members at McDonald's told that they are not
    28        entitled to overtime because of the enhanced rates for
    29        unsociable hours?
    30        A.  Are they told?  I do not know.  I mean, we discourage
    31        them working overtime.  We discourage the working of
    32        overtime.  39 hours a week is the most we would like to see
    33        everybody working.
    34
    35   Q.   But people do quite frequently work more than 39 hours?
    36        A.  Oh, they know, and they know that there is no overtime
    37        pay.
    38
    39   Q.   Yes, but them knowing does not alter the fact that it is
    40        illegal not to pay them overtime?
         A.  No, it is not.
    42
    43   Q.   It was illegal in 1989/90, was it not?
    44        A.  No, it is not, as long as you are paying in excess of
    45        the wages they would get for working the extra five hours
    46        with the over rate of pay; it was accepted, that was
    47        accepted, by the wages inspectors that was an acceptable
    48        condition.
    49
    50   Q.   When was that accepted by the wages inspectorate?  Do you 
    51        have that in writing? 
    52        A.  No. 
    53
    54   Q.   You have not got that in writing?
    55        A.  No.
    56
    57   Q.   How do you know then?
    58        A.  Because I have sat down and talked to them.
    59
    60   Q.   So you cannot produce one single document confirming that