Day 145 - 29 Jun 95 - Page 39

     
     1        A.  That is correct, my Lord.
     2
     3   Q.   By putting the "at will" in you could then terminate, not
     4        only because of the employee's misbehaviour, but also
     5        because of the employer's circumstances; that is the
     6        situation?
     7        A.  That is correct, my Lord.  That is the best way to
     8        describe it.
     9
    10   Q.   So that is the respect in which you went back to the
    11        preruling law ---
    12        A.  That is correct, my Lord.
    13
    14   Q.   -- not law, but the preruling state of affairs.
    15        A.  Right.
    16
    17   MR. MORRIS:  That is not what you said in your evidence-in-chief
    18        so far as I understand.  I am not saying you are lying or
    19        anything?
    20        A.  I think my Lord has explained it very, very well.
    21
    22   MR. JUSTICE BELL:  I think there was a bit of confusion before
    23        because I did not particularly understand.
    24
    25   MR. MORRIS:  What you said before, I believe (and I might be
    26        wrong), my notes say that following -----
    27        A.  Can I try to short cut this?
    28
    29   MR. JUSTICE BELL:  No, you are going to have put to you what
    30        Mr. Morris thinks you said previously.
    31
    32   MR. MORRIS:  The thing that had changed sometime 12 years ago
    33        was that the recognition, new recognition, was that it was
    34        on the employer to show just cause from then onwards on the
    35        termination of people's employment?
    36        A.  I will stand with what my Lord said.  If I caused some
    37        confusion -- you know, it is possible, this is a very
    38        intricate area of the law -- I was trying to short cut as
    39        much as I could.
    40
    Q.   Either way, the at will contract removes the obligation on
    42        the employer to have to show just cause?
    43        A.  No.  If you want to terminate an employee because they
    44        did something wrong, you have to show just cause.
    45
    46   Q.   But you can sack them for other reasons?
    47
    48   MR. JUSTICE BELL:  If you have the "at will" provision in, as
    49        I understand it, you can terminate the employee's contract
    50        of employment, not only for a cause relating to his 
    51        performance or misbehaviour, but also for a good reason 
    52        relating to the employer's circumstances, for instance, the 
    53        financial status of his business.
    54        A.  That is correct, my Lord.  It could be that he or she
    55        may not need as many employees, that is correct, my Lord.
    56
    57   Q.   Redundancy ---
    58        A.  Yes, my Lord.
    59
    60   Q.   -- for instance, as we would call it?