Day 212 - 30 01 96 - Page 5


 
 

                                                                  DAY 212
 
 
 
 
 
     1        when he leaves, rather than expecting the employee to
     2        remember and say:  "What about my holiday?"
     3
     4   MR. RAMPTON:  It may be so, my Lord, but that may be a question
     5        partly of the law and also a question partly of the terms
     6        of the contract.  But, that, my Lord, I cannot answer at
     7        the moment.
     8
     9   MR. JUSTICE BELL:  I have raised the question.  It may sort
    10        itself out during the week.  Very well.
    11
    12   MR. RAMPTON:  Shall I call Miss Moffatt?
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MR. RAMPTON:  While Miss Moffatt is walking up to the witness
    17        box, apart from her witness statement, about which I shall
    18        ask one or two clarifying questions, I shall ask her about
    19        (so far as she can answer them) Mr. Beech's new allegations
    20        and, as I have promised your Lordship, one or two questions
    21        to explain entries in the Human Resources audits which we
    22        have in the Bath file simply because she has done them and
    23        knows what the entries mean.
    24
    25   MR. JUSTICE BELL:  Yes, very well.
    26
    27                          KIM MOFFATT, sworn
    28                     Examined by MR. RAMPTON Q.C.
    29
    30   MR. RAMPTON:  There should be beside you, Miss Moffatt, a file
    31        which is, I hope, open at the right page at a statement
    32        written or signed by you.  Can you have a look?
    33        A.  Yes.
    34
    35   Q.   Is there a statement with "Kim Moffatt" in bold writing at
    36        the top?
    37        A.  Yes.
    38
    39   Q.   Can you just look at the last page, which is page 6?  Look
    40        at the signature at the bottom there and tell me whether
    41        that is your signature?
    42        A.  Yes.
    43
    44   Q.   Signed on 4th January of this year.  Just flip through that
    45        statement.  I am going to ask you one or two questions
    46        about it in a minute.  It is five and a tiny bit pages
    47        long.  Have you looked at it; have you looked at that
    48        recently?
    49        A.  Yes.
    50 
    51   Q.   Are its contents true, Miss Moffatt? 
    52        A.  Yes. 
    53
    54   Q.   Just a few questions:  When you wrote the statement, you
    55        said that you are now still working as an Administrative
    56        Assistant at Farnborough ---
    57        A.  Yes.
    58
    59   Q.   -- but also a couple of days a week at Head Office.  What
    60        are you actually doing at the moment for McDonald's?
 
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