Day 122 - 05 May 95 - Page 29

     
     1   Q.   The maximum rates of pay for 7 a.m. to 7 p.m. have not
     2        increased either?
     3        A.  I see, but I was not involved then and I have no
     4        knowledge of it, and I have no knowledge of the reasoning
     5        behind it.  I believe Mrs. Mead may very well be able to
     6        help you with that.
     7
     8   Q.   When the Wages Council scrapped the evening and premium
     9        rates, basically the reason that McDonald's did not scrap
    10        theirs at that time was because they would not have got
    11        away with it, would they; the crew would not have stood for
    12        a pay cut?  The Company had to continue to pay those wages?
    13        A.  No, we did not have to; we chose to.
    14
    15   Q.   Until you could get away with cutting down?
    16        A.  No, far as I was concerned, I continued it until
    17        I became Ombudsman or until I went sick.
    18
    19   MR. JUSTICE BELL:  The wages were not being cut, though, were
    20        they?  They just did not get any increase on their premium
         rate.
    22        A.  That is what it looks like.
    23
    24   Q.   After a period of time it would all come into line and the
    25        evening rate would be the same as the premium rate?
    26        A.  Premium rate.
    27
    28   Q.   But they were not going to get paid less?
    29        A.  Oh, no, no, not paid less.
    30
    31   MS. STEEL:  They were cut in terms of inflation?
    32        A.  Well, inflation was dropping.
    33
    34   Q.   There was not zero inflation, though, was there?
    35        A.  No, but I do not know what the reasoning was behind
    36        that.
    37
    38   MR. JUSTICE BELL:  If you are going to press this point, I may
    39        need help at some stage as to whether night rates are,
    40        generally speaking, higher than day rates.  It may be so,
         but I can see it may not because there are a lot of people
    42        for very good reasons who prefer to work through the night
    43        rather than through the day.  Do not give me an answer now.
    44          Just bear it in mind.
    45
    46   MR. MORRIS:  I think the Plaintiffs had already said, or
    47        Mr. Nicholson has already said, that this was compensation
    48        for unsocial hours.
    49
    50   MR. JUSTICE BELL:  I have got that, but if you are going to 
    51        suggest that there is good reason for that, I am just 
    52        merely saying you may call some evidence. 
    53
    54   MR. MORRIS:  We will not disagree with the Plaintiffs that
    55        people should be compensated for unsocial hours.
    56
    57   MR. JUSTICE BELL:  I just do not have the experience to know
    58        whether in the industry generally or in other
    59        industries people are paid more for nights than for days.
    60