Day 259 - 10 Jun 96 - Page 21

     
     1        of the last entry pursuant to the provisions of the Social
     2        Security Act 1975."
     3        A.  Yes.
     4
     5   Q.   In the Personnel, Policies and Procedures Manual, on
     6        page 30 again, it says that accident books are to be kept
     7        permanently.  How can you explain the discrepancy between
     8        your affidavit and the manual?
     9        A.  Because that instruction as set out in my affidavit is
    10        written on the inside front cover of the accident report
    11        book.
    12
    13   Q.   But you say that there is no company policy with regards to
    14        the retention of accident books, and yet your own company
    15        document, the Personnel, Policies and Procedures Manual,
    16        which, presumably, stores are meant to follow, says that
    17        accident books are to be kept permanently?
    18        A.  I took my evidence from the inside front cover of the
    19        accident report book.
    20
    Q.   So, when you wrote that there is no company policy with
    22        regard to retention of accident report books, you did not
    23        bother to check?
    24        A.  I believed it.
    25
    26   Q.   You did not bother to check?
    27        A.  All right, I did not bother to check, but I believed
    28        that was the case; and the instruction regarding the
    29        accident report books was taken from the inside front
    30        cover, that the requirement is to be kept from for three
    31        years from the date of the last entry.
    32
    33   Q.   Is it the case that you did not bother to check half of the
    34        rest of the information that you put in your affidavit, as
    35        well?
    36        A.  No.
    37
    38   Q.   And the information in your statements?
    39        A.  No.
    40
    Q.   That you just put down anything that suited your purposes
    42        at the time?
    43        A.  No.
    44
    45   Q.   In particular, in the affidavits, to try and create an
    46        impression that documents would no longer exist, that these
    47        documents would have all been destroyed, the Company had no
    48        policy on keeping them?
    49        A.  Which documents?
    50 
    51   Q.   All these clock cards, accident report books, and so on, 
    52        that we requested discovery? 
    53        A.  Accident report books had to be kept for three years
    54        from the date of the last entry.  As far as I know, they
    55        are kept for that length of time, although they get lost.
    56        Clock cards, I just cannot believe that any restaurant has
    57        the capacity to keep clock cards for three years.
    58        I certainly was not aware of that policy.
    59
    60   Q.   Can I -----