Day 174 - 17 Oct 95 - Page 11

     
     1        hour when the other employees were on 85 pence an hour, if
     2        you did not consider him to be worthy of a performance
     3        increase?
     4        A.  From memory, he worked late into the evening.  His job
     5        was to clean the restaurant.  He may have been on a higher
     6        rate of pay because of that.
     7
     8   Q.   What, his basic rate would go up because he was working
     9        late into the evening?
    10        A.  That is correct.
    11
    12   Q.   If he was working 45 to 50 hours a week, he could not be
    13        only working evenings, could he?
    14        A.  He could.
    15
    16   Q.   Is that your evidence, that he worked only evenings, then?
    17        A.  I cannot recall, you know, his entire schedule.
    18        I mean, it is a long time ago.  But I do recall he worked
    19        late into the evening.  Whether he worked late every
    20        evening or what, I cannot recall.
    21
    22   Q.   Do you recall what time he started, though?
    23        A.  Well, if he was working late into the evening, he would
    24        start later in the day, obviously.
    25
    26   Q.   What, in the afternoon, some time in the afternoon?
    27        A.  Probably in the late afternoon, five or six o'clock.
    28
    29   Q.   Were all employees that were working past five o'clock in
    30        the afternoon on this higher rate?
    31        A.  I cannot recall at this point exactly what the rates
    32        were.  I know that he worked late into the evening; it
    33        could be one o'clock in the morning.  We were closing at
    34        11, so he was doing a lot of the closing work.  So he would
    35        be on a higher rate for that reason.
    36
    37   Q.   So he was on a higher rate, you are saying, for every hour
    38        that he worked, not just for the hours that he worked that
    39        were late in the evening?
    40        A.  I presume he was, yes.
    41
    42   Q.   Well, it must have been because he was worthy of a
    43        performance increase, then, must it not?
    44        A.  No, not necessarily.  It would have been the rate that
    45        we had decided for the length of time he was working into
    46        the evening.  I cannot recall how late he worked.
    47
    48   Q.   Can you turn to page 1061 in the pink volume XIII B,
    49        please?
    50        A.  I am sorry, could you direct me to the tab number, 
    51        please? 
    52 
    53   Q.   It is tab 59.  It is a letter dated 20th March 1980 from
    54        Mr. Macken's solicitors, asking for copies of the notice
    55        setting out the procedure for dismissal, Mr. Macken's
    56        hiring date, Mr. Macken's termination date and "the reason
    57        for the termination as indicated on your records", and a
    58        number of other documents.  Did you ever supply them to
    59        Mr. Macken's solicitors?
    60        A.  I cannot recall at this point.  I am sure we replied to