Day 193 - 28 Nov 95 - Page 02

     
     1                                      Tuesday, 28th November, 1995
     2
     3                        SARAH INGLIS, recalled
     4           Cross-examination by MR. RAMPTON Q.C., continued
     5
     6   MR. RAMPTON:  Miss Inglis, just a couple of things that you said
     7        yesterday that I would like to pick up on, please.
     8        Mr. Morris asked you a question to this effect:  "Is it
     9        true that Cam Ballantyne said that under 18-year-olds
    10        should not be able to join a trade union?"  Your answer
    11        was:  "Yes.  That is what his angle of the case was from
    12        the first day."   That is not right, is it?
    13        A.  That is the angle that his side took, I believe.
    14
    15   Q.   Would you like then, please, to find the pink XIV that you
    16        had yesterday, and turn to page 1491?  If you look back,
    17        first of all, at 1488?
    18        A.  I am sorry?
    19
    20   Q.   Can you start at 1488 -- at the bottom of the page; it
         might be just after a divider 3.  You will see that the
    22        document we are looking at is Cam Ballantyne's company's
    23        response to the application for certification.  Do you see
    24        that?  "The responding party states in response to the
    25        application.  Correct name of responding party: Ballantyne
    26        Foods Limited." Do you see that?
    27        A.   Yes.
    28
    29   Q.   Now, can you please turn over to 1491, which is part of the
    30        same document, a page headed "Appendix A".  In the middle
    31        of the page is a subheading "Legal Disability".  Do you see
    32        that?
    33        A.  I am sorry?
    34
    35   Q.   Do you see in the middle of the paper a subheading "Legal
    36        Disability"?
    37        A.  Yes.
    38
    39   Q.   It reads: "3. 64 of the 102 persons in the proposed
    40        bargaining unit are under the age of majority as defined in
         the Age of Majority in Accountability Act."
    42
    43        Then we see this at paragraph 4: "A membership transaction
    44        does not constitute a contract of necessities or a contract
    45        of service, which as a whole is for the benefit of the
    46        infant.  Thus a membership transaction is not binding upon
    47        an infant applicant.  In any event, the said transaction is
    48        voidable at any time at the instance of the infant
    49        applicant notwithstanding any limitation contained in the
    50        Labour Relations Act." 
    51 
    52        Do you understand what that means? 
    53        A.  (Pause)  I am just going to read it again to myself.
    54        Is that all right?
    55
    56   Q.   Do you understand what it means?
    57        A.  I am just going to read it again to myself.
    58
    59   Q.   Yes, do.  Sorry.
    60        A.  What I believe it to understand -- I am not a lawyer