Day 122 - 05 May 95 - Page 27

     
     1   MR. JUSTICE BELL:  No, you keep saying they would lose, they
     2        would go back to the minimum rate.
     3
     4   MS. STEEL:  No, they lose their advantage over other employees.
     5
     6   MR. JUSTICE BELL:  No, they do not, they lose some of their
     7        advantage over other employees?
     8        A.  It would be compensated for.  The region would make a
     9        decision how much they would pay them to maintain their
    10        differential, their earning differential.
    11
    12   Q.   Before 1987 they might lose some of their 25p advantage and
    13        find they had a 22p advantage?
    14        A.  Yes, they may have lost some of the differential.
    15
    16   MS. STEEL:  Then later on, a few years later, you introduced a
    17        similar policy, at tab 34, page 685, June 1991:  "According
    18        to their job title category and area, hourly paid employees
    19        below the new minimums will be put up to the new minimums
    20        for regular, evening and premium rates ... Hourly paid
         employees who are currently above the new regular, evening
    22        and premium rate minimums will receive a 10p increase on
    23        their regular and evening rates only.  They will receive no
    24        increase on their premium rate."   So they are the staff
    25        who have been performing well are only getting a minimum
    26        wage increase and none for the premium hours?
    27        A.  Yes, but I cannot comment on that because that was in
    28        the process of me handing over to Carmel Flatley and that
    29        is for Carmel Flatley.
    30
    31   Q.   But that is correct, though?
    32        A.  Yes.
    33
    34   MR. JUSTICE BELL:  But that would follow, what Ms. Steel is
    35        putting to you?
    36        A.  Yes, yes, I take it that, and I have no idea what the
    37        reasoning behind that was.
    38
    39   MS. STEEL:  Maximum rates of pay were introduced at that time?
    40        A.  Yes.  I cannot answer any questions on maximum rates;
         I never have done.  Lyn Mead may be able to help you with
    42        that when she comes.
    43
    44   Q.   If we look at page 686, on the second paragraph, it says:
    45        "Hereafter, premium rates are to be frozen (except for
    46        night closers) and can only be increased to equal an
    47        evening rate which is greater"?
    48        A.  Well, as I say, I cannot really comment on anything
    49        past when I was beginning to hand over.
    50 
    51   Q.   You still have responsibility for Personnel, though, do you 
    52        not? 
    53        A.  No.
    54
    55   Q.   None at all?
    56        A.  No.
    57
    58   Q.   Not even as Vice President?
    59        A.  No, my role as Ombudsman demands that I am not involved
    60        with any policy-making department at all for the simple