Day 173 - 16 Oct 95 - Page 05

     
     1        November 1979)"; and then it reads on: "....or any of my
     2        staff to negotiate with the union", etcetera.
     3
     4        Then, finally, on page 12, top paragraph 39, Mr. Mehigan
     5        has stated: "The cases in McCann and Brian were the first
     6        occasions the Company had cause to agree to go to the
     7        Rights Commissioner."  Mr. Mehigan would like to add this:
     8        strike out the full stop and replace it with a comma.
     9        I will read it quickly and then again slowly. "....although
    10        I do have some recollection that Anne Holmes made a
    11        successful application to the Rights Commissioner in late
    12        1979 or early 1980."  I will read that again.  After
    13        "Commissioner", comma, "....although I do have some
    14        recollection that Anne Holmes made a successful application
    15        to the Rights Commissioner in late 1979 or early 1980."
    16
    17   MR. JUSTICE BELL: Yes.
    18
    19   MR. RAMPTON:  The only other thing I should mention -- and this
    20        is to help everybody's memory in case anyone is looking for
         it -- the Pantry Franchise franchise agreement which
    22        Mr. Mehigan entered into on Pantry Franchise's behalf with
    23        the McDonald's Corporation is at Appendix A behind
    24        Mr. Stein's statement, second statement, which is at tab 5
    25        of yellow volume X.
    26
    27   MR. JUSTICE BELL:  Yes.  I had one query.  Item 53 on page 22 of
    28        the abstract has a paragraph "Dublin 1978, 85p (Irish) per
    29        hour".  Without looking back into the pleadings bundle,
    30        I was not clear just what all the rates which appear there
    31        are.  They are under a title on page 21 "Minimum Prescribed
    32        Rates", and I just wanted to ascertain whether they are all
    33        rates which are said to be the minimum allowable rate by
    34        law in the countries in question.
    35
    36   MR. RAMPTON:  My Lord, that would probably mean going back to an
    37        earlier pleading.
    38
    39   MR. JUSTICE BELL: It probably would.  I do not need the answer
    40        now, but if someone could just save me the time of going
         all the way through the pleadings bundle to try and find
    42        it.
    43
    44   MR. RAMPTON:  Probably in answer to a request for particulars,
    45        I should think.  We will certainly check that.  I do not
    46        have that answer at my fingertips.
    47
    48   MR. JUSTICE BELL:  Rates from various countries.
    49
    50   MR. RAMPTON:  Yes. 
    51 
    52   MR. JUSTICE BELL: I am assuming at the moment that it is said 
    53        those were the minimum rates allowed by law.  But in case
    54        I am wrong, I would like it to be -----
    55
    56   MR. RAMPTON:  So far as Dublin is concerned, I think that is
    57        right.  But Mr. Mehigan can confirm or correct that, as the
    58        case may be.
    59
    60        Mr. Mehigan, would you transfer yourself to the witness