Day 143 - 27 Jun 95 - Page 16
1 I know how the region responded to this incident.
2
3 Q. No, I am talking about the previous incident.
4 A. No, I am not aware of previous incidents.
5
6 Q. So we can suppose from that that the managers involved in
7 those situations were not sacked?
8 A. No, I think what you can suppose is that our management
9 people in Oregon, because they acted properly as I looked
10 into this thing, would have been consistent on anything
11 that had come to their attention.
12
13 Q. Yes, this came to public attention, did it not? This was a
14 widely publicised case?
15
16 MR. JUSTICE BELL: Hold on. We do not know that either of the
17 two previous ones were widely publicised. For better or
18 worse, what Mr. Stein is saying, although he knew about
19 this case which is, obviously, striking and tragic in its
20 circumstances, also to an ordinary common lawyer of some
21 legal interest as well with all its ramifications.
22
23 THE WITNESS: It really is.
24
25 MR. JUSTICE BELL: He did not know the detail which, obviously,
26 very much affected the court decision that McDonald's,
27 Oregon, knew that on two previous occasions employees had
28 fallen asleep at work; it is like a dog having its second
29 bite, they knew it had happened before.
30
31 THE WITNESS: I do not know, my Lord.
32
33 MR. JUSTICE BELL: What you should is put the thrust of your
34 allegation against McDonald's arising out of what happened
35 in this case.
36
37 MR. MORRIS: Yes. Yes, an important plank of it. If you look
38 at the bottom of page 13: "Defendant affirmatively asked
39 him to work those hours. Moreover, the evidence shows that
40 defendant -- not its employees -- generally controlled all
41 work assignments and that defendant penalised its employees
42 for not working as assigned." That is true, is it not,
43 that employees have to work as scheduled?
44 A. The employees have the right to ask for time off.
45 I think there has probably been a tonne of testimony so far
46 that we have flexible scheduling, and that there are times
47 when employees are scheduled and they want time off and
48 that usually is granted. There are a variety of
49 circumstances that occur in a restaurant, and you try to be
50 flexible with regard to the wishes of employees.
51
52 Q. But if the worker is scheduled, whether or not he complains
53 or not or she complains, they would be penalised for not
54 working as assigned?
55 A. I disagree with that. If they did not ask for time off
56 and had not been granted time off and then do not show,
57 they do not call, and they do not show up, I would imagine
58 there would be some discipline, yes, in that situation.
59
60 Q. If they said: "I am tired, I am going home, I am walking
