Day 143 - 27 Jun 95 - Page 17

     
     1        out", despite being scheduled, then they would be
     2        disobeying a management ---
     3        A.  No, I think ---
     4
     5   Q.   -- structure?
     6        A.  -- that the Manager would discuss that with the
     7        employee and make a judgment decision with regard to that.
     8        If the person appeared to be tired, he would let the person
     9        go home.
    10
    11   Q.   You said if they are scheduled for a shift and they did not
    12        turn up ---
    13        A.  Correct.
    14
    15   Q.   -- then they would be penalised, would they?
    16        A.  Absolutely.  If they had not called in and reported
    17        that they could not make it, absolutely.  Their obligation
    18        is to call in if they cannot make it into work.
    19
    20   Q.   It is not unusual for McDonald's employees to work 12 hours
         in a 17 hour period, is it?
    22        A.  That is highly unusual.  That is, frankly, the first
    23        time I had ever seen that.
    24
    25   MR. JUSTICE BELL:  In fact, it says on page 14 at line 4:
    26         "Defendant's managers knew that Theurer already had been
    27        scheduled to work more than its own policies permitted."
    28        A.  That is why they were severely disciplined, my Lord.
    29
    30   Q.   But, nevertheless, under what, I suppose, is the same
    31        principle of vicarious liability, the Company was legally
    32        responsible for what its managers had done even in breach
    33        of its own policy?
    34        A.  They are our agents, my Lord, and even if they do
    35        something wrong, we are responsible for it under the law.
    36
    37   MS. STEEL:   There is just one thing I wanted to ask which is
    38        that even if a crew member did not want to be scheduled, if
    39        they were, nevertheless, scheduled but they did not turn
    40        up, they would be penalised for that, would they not, even
         if they had made it clear in the first place that they did
    42        not want to be scheduled?
    43        A.  My experience, and especially my experience running
    44        stores as a manager, if someone did not want to be
    45        scheduled, you would find someone else for that period of
    46        time.  That would be the way it would normally be handled.
    47
    48   Q.   If you could not find someone else, then someone would be
    49        scheduled against their will and they would be penalised if
    50        they did not turn up? 
    51        A.  I can tell you from my experience, everything that 
    52        I have ever seen, they usually are employees who like time 
    53        off, there are employees would like some extra hours, and
    54        if you survey your crew that is not an issue or a problem.
    55        You can generally find someone to work those hours.
    56
    57   Q.   But if you cannot, management have the power to schedule
    58        people and penalise them if they do not turn up?  That is
    59        correct, is it not?
    60        A.  No, I do not agree with that.  In a theoretical sense,