Day 193 - 28 Nov 95 - Page 02
1 Tuesday, 28th November, 1995
3 SARAH INGLIS, recalled
4 Cross-examination by MR. RAMPTON Q.C., continued
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.
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?
20 Q. Can you start at 1488 -- at the bottom of the page; it
21 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.
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
33 A. I am sorry?
35 Q. Do you see in the middle of the paper a subheading "Legal
37 A. Yes.
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
41 the Age of Majority in Accountability Act."
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."
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?
56 Q. Do you understand what it means?
57 A. I am just going to read it again to myself.
59 Q. Yes, do. Sorry.
60 A. What I believe it to understand -- I am not a lawyer