Day 144 - 28 Jun 95 - Page 10

     
     1   MR. MORRIS:  I think it has already been admitted by
     2        Mr. Copeland anyway.  An employee in the department is
     3        still the department, is it not?
     4
     5   MR. JUSTICE BELL:  No.  I cannot accept that.  What an employee
     6        does in a department may amount to the action of the
     7        department; it may not.
     8
     9   MR. MORRIS:  Mr. Nicholson said -----
    10
    11   MR. JUSTICE BELL:  The only point which is being raised is get
    12        it right.  You may be right, but check that you have got it
    13        right.
    14
    15   MR. MORRIS:  Mr. Nicholson said, as Head of Personnel in the UK,
    16        he took responsibility for any memos sent out by his
    17        Department, whoever it was in his Department who sent them
    18        out.  I do not see why it should be any different
    19        from -----
    20
    MR. JUSTICE BELL:  Mr. Morris, that is comment.
    22
    23   MR. MORRIS:  He did say that.  That is why I asked him.
    24
    25   MR. JUSTICE BELL:  You have done very well asking questions
    26        rather than making little speeches until today; just
    27        continue in the same way today.
    28
    29   MR. MORRIS:  There are a number of pages of admissions by
    30        McDonald's.
    31
    32   MR. JUSTICE BELL:  Find the admission, then by all means put the
    33        basis of that to Mr. Stein.
    34
    35   MR. MORRIS:  I think it was something that was said in open
    36        court that Mr. Rampton said:  "No need to call evidence on
    37        this subject because the allegation had been as amended".
    38
    39   MR. JUSTICE BELL:  The issue between you and McDonald's is
    40        this:  You say that what the man in Germany did was the
         action of the Personnel Department.  McDonald's say:  "No,
    42        it was someone in the Personnel Department did it;
    43        McDonald's disapproved of it and moved him away after it
    44        discovered he had done it".
    45
    46        There is a dispute which I may or may not have to decide at
    47        the end of the day as to whether what the man in the
    48        Personnel Department in Germany did actually reflected
    49        McDonald's attitude or whether it was a frolic of his own.
    50        That is what it boils down to. 
    51 
    52   MR. MORRIS:  It will probably be something that will surface 
    53        when we go through the transcripts.
    54
    55   MR. JUSTICE BELL:  Yes.  Remind me of that in due course.
    56
    57   MR. MORRIS:  Can I just say, Mr. Stein, is your understanding
    58        this an accurate reflection of what the memo actually
    59        said:  "If you notice during the conversation that the
    60        candidate for employment is a trade union member, bring the