Day 122 - 05 May 95 - Page 33

     
     1
     2   Q.   If you could turn to tab 3, page 118, please?
     3        A.  Yes.
     4
     5   Q.   The bottom paragraph under the heading "Pay" it says:
     6         "Because enhanced rates of pay are made for varying shifts
     7        the overtime rates" -----
     8        A.  Sorry, I have not got you -- where are you?
     9
    10   Q.   The bottom paragraph under "Pay".
    11        A.  Yes.
    12
    13   Q.   Just above "Pay day":  "Because enhanced rates of pay are
    14        made for varying shifts, the overtime rates specified by
    15        the unlicensed place of refreshment Wages Council in Form
    16        UPR 80 are not normally applicable.  However, if you
    17        believe you may be entitled to overtime payments you should
    18        speak to your Restaurant Manager".
    19
    20        It does not say there, does it:  "Your manager will check
         out this matter for you and, do not worry, you will get
    22        your overtime pay".  It indicates that it is the
    23        responsibility of the employee to complain about it if they
    24        think they are being short paid?
    25
    26   MR. JUSTICE BELL:  That is not the way I read it, I must say.
    27        It does not assume that the manager is not doing it.  It is
    28        just putting, I would have thought, on my reading of it,
    29        the employee on guard that if they do think they are not
    30        getting enough, they should speak to the Restaurant
    31        Manager.
    32
    33   MS. STEEL:  Is it not the case that, in fact, the managers did
    34        not check it, and the only time it would be paid is if a
    35        crew member kicked up a fuss about it?
    36        A.  No, I have to reject that.  The manager was responsible
    37        for controlling his pay, his crew pay, and that would be
    38        supervised by several people as I have said many times
    39        before, and if he was found to be in error, it would do him
    40        no good at all.  So, it is in the manager's interests to
         make sure that people are properly recompensed for the
    42        hours they work.
    43
    44   Q.   You believe in performance related pay, do you?  You think
    45        it is a good idea?
    46        A.  Yes.
    47
    48   Q.   Do you think it is fair that if staff do work overtime
    49        they, effectively, go back down to the minimum wage and
    50        sometimes lower because you take back all the extra money 
    51        that they had earned for the performance and unsociable 
    52        hours? 
    53        A.  I do not think we do.
    54
    55   Q.   You do, do you not ---
    56        A.  No.
    57
    58   Q.   -- because you do not pay them extra for overtime -- you
    59        claw it back?
    60        A.  Well, we discourage them doing overtime.