Day 120 - 03 May 95 - Page 40
1 to start picking and choosing when they want to disown a
2 particular store I think that -- I mean, obviously if it is
3 a purely matter of legal jurisdiction that we are arguing
4 about that is not -----
5
6 MR. JUSTICE BELL: I am going to stop you there because now is
7 not the moment, as I tried to explain a little while ago,
8
9 MR. MORRIS: I think the onus is on them, because it always
10 gets put on us.
11
12 MR. JUSTICE BELL: Why are you saying this to me? I am
13 concerned that you should progress your cross-examination
14 of Mr. Nicholson. In due course you can say all this. In
15 due course, for instance, you can argue, if you like,
16 whatever the strict contractual relationships are, a
17 company as big and powerful as the McDonald's Development
18 Corporation, as it was until 1985, or the McDonald's
19 Hamburgers Limited, the UK company, as from 1985, could
20 have done more, would have had this influence or that
21 influence, quite regardless of whatever the contractual
22 relationship is. But you have Mr. Nicholson in the witness
23 box now and you are asking him questions about it. The
24 state of play at the moment is, for better or worse, and
25 you can pick it up again at five past two, if you want to,
26 that whatever the Rights Commissioner have found, having
27 heard evidence on behalf of the applicant only and not any
28 evidence at all on behalf of the Respondent, he was
29 satisfied that it was not about unionship, union
30 membership. You can pursue that if you like. In due
31 course I will re-read Mr. McCann's statement. We may hear
32 other evidence on it and, at the end of day, you will
33 present your argument. I am only making this little speech
34 now, although I have made it often before in this case, to
35 remind you of what the structure of the trial is, and where
36 the right place for making comment is, and the right place
37 for asking questions about matters of fact.
38
39 MR. MORRIS: It is just that Mr. Rampton brought it up about,
40 you know, their problems about what their franchise is.
41
42 MR. JUSTICE BELL: Let us all go away and think about something
43 else for a while and come back at five past two, fresh and
44 ready to go on. But remember you are asking about matters
45 of fact really.
46
47 (Luncheon adjournment)
48
49 MR. MORRIS: Mr. Nicholson, can you turn, please, to yellow
50 volume X. It is on the shelves. It should say
51 "Employment"?
52 A. Yes, I have it.
53
54 Q. If you turn to tab 19, please.
55 A. Yes.
56
57 Q. If you turn to page 150 in that tab, in the bundle?
58 A. Yes.
59
60 Q. McDonald's Employee Handbook. If you note the page on 152,
