Day 153 - 12 Jul 95 - Page 09
1 entitled to breaks in the middle of their shifts, because
2 they are tired and they need to have a rest?
3 A. I believe there is legislation according to when and
4 how they should have their breaks. As far as I remember,
5 we kept within that legislation.
6
7 Q. But whether or not there is legislation, is it not common
8 sense that people get breaks because they get tired and
9 need to have a rest?
10 A. Common sense would dictate that you would try to give
11 their breaks as near to the centre of their shift as
12 possible, yes.
13
14 Q. If they have it towards the beginning or towards the end of
15 the shift, it is actually a waste of time, because they
16 have not started or they are about to leave?
17 A. It is less beneficial.
18
19 Q. Pardon?
20 A. It is less beneficial if it is at the end or beginning
21 of their shift.
22
23 Q. If the store is extremely busy, that is exactly the time
24 they might be most tired, is it not?
25 A. Possibly.
26
27 Q. Right. When you say in your statement that only on rare
28 occasions would breaks be shortened, for example, if the
29 store was extremely busy, again, if a store is extremely
30 busy and people are working, you know, full out to keep up
31 with the volume, that is exactly the time when they would
32 need their full break, not just part of it, logically;
33 would you accept that?
34 A. Not necessarily, no.
35
36 Q. The more tired you are, the more you would need a full
37 break, rather than just some short part of it or some
38 percentage of it; would you accept that? You do not have
39 to accept it, but it seems logical to me.
40 A. Not as cut and dried as you would suggest, I would not
41 say.
42
43 Q. It has an element of truth in it?
44 A. Not necessarily, because say, for instance, the busy
45 period was right at the start of their shift, then they
46 would not necessarily be that tired at that point. But
47 your inference was that if it was busy they would
48 necessarily be tired.
49
50 Q. Yes. But the breaks, as you say, in theory -- ideally, as
51 you put it -- should actually be in the middle of the
52 shift?
53 A. That is right.
54
55 Q. So if it is busy in the middle of the shift, if it is busy
56 outside the shift, they are not going to get the breaks
57 then anyway?
58
59 MR. JUSTICE BELL: Again, I can work it out for myself. What
60 you say in logic follows, whether a 19 year old in the
