Day 138 - 20 Jun 95 - Page 02
1 Tuesday, 20th June 1995.
3 MR. RICHARD STEIN, recalled
4 Examined by Mr. Rampton QC, continued.
6 MR. MORRIS: There is just one document we have served today.
8 MR. JUSTICE BELL: Yes.
10 MR. MORRIS: It relates to the Philadelphia survey and dispute
11 on wage rates. I presume the best place for it is at the
12 back of the Defendants' expert employment documents file.
13 I am not sure what number?
15 MR. RAMPTON: My Lord, I have not seen it before. All I ask is
16 that, if necessary, I should be permitted to speak to
17 Mr. Stein about it. I do not think he has seen it either
18 and, if necessary, ask him questions.
20 MR. JUSTICE BELL: When do you think you might get to that?
22 MR. RAMPTON: Sometime today; whether it be before the
23 adjournment or not, I do not know.
25 MR. JUSTICE BELL: Bear that in mind in relation to the
28 MR. RAMPTON: Then what I might do is to shunt it to the
29 afternoon and speak to Mr. Stein at lunch time.
31 MR. JUSTICE BELL: When it is agreed where to go, I will put it
32 on one side.
34 MR. RAMPTON (To the witness): Mr. Stein, could you recover from
35 the table beside you the file pink XI, please? Turn to tab
36 6. I want to pick up where we left off yesterday evening
37 at page 305 in tab 6.
38 A. Yes, I have it.
40 Q. The bottom paragraph on that page?
41 A. Yes.
43 Q. You have explained the second half of that paragraph, we
44 started on the first two lines of the paragraph, but I want
45 to start again so that we all get it straight?
46 A. OK.
48 Q. It says: "McDonald's reserves the right to amend or modify
49 the policies in this Handbook at any time without prior
50 notice. These policies do not create any contractual
51 obligation between McDonald's and its employees." Does
52 that mean what it says?
53 A. It does; it is words of art. It is legal terms of art
54 based upon US jurisprudence, if you will.
56 Q. Are there any circumstances in which a change of the terms
57 of the Handbook without notice could give an employee
58 rights of law against the Company?
59 A. Oh, absolutely.