Day 194 - 01 Dec 95 - Page 14


     
     1        stores?"  He said:  "I do not know how we could stop that.
     2        If we found out about it, yes."  Then I asked him whether
     3        it was gross misconduct to do that, and he said:  "Yes, it
     4        is.  It is a summary sackable offence."
     5
     6   MR. JUSTICE BELL:  I think that is really comment to me.
     7
     8   MR. MORRIS:  OK.  (To the witness):  One further question:  did
     9        you have any recognition from McDonald's while you were at
    10        the store, in terms of you being a good worker or they
    11        would be interested in you as management, or anything like
    12        that?
    13        A.  Well, from time to time, there are sort of performance
    14        review things where they mark your work on different --
    15        whatever you are doing, cooking fries, cooking hamburgers,
    16        cleaning the vat; and they add those up and have a session
    17        with you and give you, like, five pence an hour pay rise;
    18        so, that sort of recognition, yes.  But, at first, the
    19        manager of the store, whose first name I recall as William,
    20        I do not recall his surname, he talked to me on two to
    21        three occasions about would I like to be trained to become
    22        a manager at the store, which I did not -- which was not
    23        like the sort of inhouse promotions; it was some, sort of,
    24        they send you away to be a trainee manager, or something
    25        like that.  But that only happened in the first couple of
    26        months, and after that there was no more mention of that.
    27
    28   MR. MORRIS:   OK.  No further questions.
    29
    30
    31                    Cross-examined by Mr. Rampton
    32
    33   Q.   I have only one question, Mr. Sutcliffe.  The girl, lady,
    34        woman, junior manager, who advised you, you say, that
    35        McDonald's did not like trade unions, that was a Floor
    36        Manager, was it not?
    37        A.  I am not certain.  She certainly was not a -- yes,
    38        I believe so, yes.
    39
    40   MR. RAMPTON:   Thank you.
    41
    42   MS. STEEL:   Does that mean that Mr. Rampton agrees with
    43        everything else Mr. Sutcliffe has said?
    44
    45   MR. JUSTICE BELL:  No, it does not.  Once you get to a stage
    46        where the evidence -- in so far as the evidence for the
    47        other side is called before your own evidence, it has been
    48        put in dispute in so far as it is contradicted by your own
    49        evidence.  So, it does not have to be formally challenged
    50        by the advocate.  It is then left to the judge to weigh up 
    51        what he makes of it, having heard ----- 
    52 
    53   MR. MORRIS:  Yes.
    54
    55   MR. JUSTICE BELL:  What happens, what traditionally happens in
    56        any litigation is that the witnesses of the party who goes
    57        first in calling their witnesses are challenged, and the
    58        case of the party who is going to call their witnesses next
    59        should be put and all challenges should be made.  One then
    60        has that evidence.  When the party who is going to call

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