Day 120 - 03 May 95 - Page 33

     
     1
     2   MR. JUSTICE BELL:  Are they all franchised in Ireland?
     3        A.  Yes, they are, my Lord, both north and south.
     4
     5   MR. MORRIS:  You are aware, are you not, that in 1985, in
     6        Dublin, the Rights Commissioner ruled that two employees of
     7        McDonald's were sacked for union activity?
     8        A.  I am not sure about that. I have a vague recollection,
     9        and I do not know whether it is the same incident, of an
    10        employee of the, I think it is called the Knuttsford
    11        Restaurant, which is a drive-through, who began an action
    12        at the labour court which he did not pursue.  But I do not
    13        know whether that is the same action you are talking about.
    14
    15   Q.   What was the name of that employee?
    16        A.  I cannot remember.
    17
    18   Q.   Do you not think if you were Head of Personnel that you
    19        should know about people being sacked for trade union
    20        activity when you took over, around the time you took over?
         A.  I do not know that they were.
    22
    23   Q.   On 31st October 1985, the Rights Commissioner ruled in
    24        Ireland that Colin McCann, who had worked for the company
    25        from 7th January 1985 to 29th June 1985, and Mr. Anthony
    26        O'Brian, who worked from 7th January to 19th June 1985,
    27        were both unfairly dismissed for union activity.
    28        Mr. McCann claimed he had encouraged other employees to
    29        join the union, and that is what the -----
    30        A.  Can you point me to a document?
    31
    32   Q.   Yes, sorry it is pink XIII B, 1074 and 1075.  It is tab tab
    33        16.  The first page is just a cover letter from the trade
    34        union involved which had renamed itself.
    35        A.  This may be the one that I have a fuzzy recollection
    36        of.
    37
    38   Q.   There are two cases on pages 1074 and 1075.  Starting with,
    39        Represented by the Irish Transport & General Workers Union.
    40
    MR. RAMPTON:  Might I suggest Mr. Nicholson be given time to
    42        read the documents in each case?
    43
    44   MR. JUSTICE BELL:  I think we can take this rather more shortly
    45        because all you need to ask really is whether Mr. Nicholson
    46        knew either of these cases, and then it is all a question
    47        of argument.  You will say it is very important they should
    48        have known.  Mr. Rampton has said: "Well you do not know
    49        that, McDonald's might have had its own information and
    50        thought that they had not done anything wrong, but they 
    51        just could call a vital witness in either case, so the 
    52        Commissioner had no alternative but to reach the decision." 
    53          Which argument I prefer, and where it takes me at the end
    54        of the day, is a matter for me.  You have to ask yourself
    55        what the purpose of asking Mr. Nicholson, who says he does
    56        not know, is.  You can argue that he jolly well ought to
    57        have known, whatever the reason for making the ruling was,
    58        but what is the point in pursuing that with Mr. Nicholson?
    59
    60   MR. MORRIS:  Yes, I did not really want to go into it in