Day 212 - 30 01 96 - Page 16

 
 

                                                                  DAY 212
 
                                                   KIM MOFFATT, Examined:
 
 
 
     1
     2   MR. JUSTICE BELL:  I will change that, shall I?
     3
     4   MR. MORRIS:  Yes, please.
     5
     6   MR. RAMPTON:  I have changed it, my Lord, yes.  "... often got
     7        given break in the first hour".  Were you in the restaurant
     8        when people started 4.00 to close shifts?
     9        A.  Yes.  I was there for about an hour.
    10
    11   Q.   In your recollection, how often did it happen to the people
    12        went on their break, let us say, in the first hour of the
    13        shift?
    14        A.  I cannot recall a time at all, but they are not given
    15        the break.  They are asked to go -- asked if they want to
    16        go on their break, and if they say:  "No, you know, I have
    17        only been here an hour", then nine, say, nine and a half
    18        times out of 10 they say:  "Fine", you know, and they will
    19        reschedule it.
    20
    21   Q.   Then he writes or he has told Mr. Morris:   "The threat was
    22        take it now or maybe you will not get a break at all (or
    23        half an hour off at the end of the shift).  This problem
    24        continued until he", that is Mr. Beech, "left".  I tell you
    25        Mr. Beech left at the end of September 1994, so that he had
    26        Mr. Roberts as his Manager since the end of June.  You
    27        left, I think, in August 1994?
    28        A.  Yes.
    29
    30   Q.   During the time that Mr. Roberts was Manager, do you
    31        remember anybody being threatened in this way?
    32        A.  No.
    33
    34   Q.   What about before Mr. Roberts became a Manager?
    35        A.  No.  I never heard anyone being threatened.
    36
    37   Q.   Next, we see:  "Mr. Beech still worked 10 hour shifts right
    38        up to before he left from time to time".  I do not ask you
    39        to comment on that.  Then we see:  "He never was made aware
    40        of the Company policy of having a 45 minute plus 20 minute
    41        break on such shifts", that means 10 hour shifts.  "He
    42        never got a copy of the Crew Handbook."
    43
    44        Before we look at any documents, what is your response to
    45        that?
    46        A.  Well, I give that -- he has been orientated by me, as
    47        I can remember, and I give everybody a Crew Handbook and go
    48        through all the sections in the Crew Handbook and I point
    49        that out.
    50 
    51   Q.   Can I ask you now then to look at the personnel files which 
    52        you have in front of you.  I am sorry the first page is a 
    53        sideways one.  First of all, it says on the top of the
    54        first page, "Crew information form", somebody has written:
    55         "Orientation 10 o'clock, Tuesday 9th" in handwriting.  Do
    56        you know who -----
    57
    58   MR. MORRIS:  Sorry, which one are we on here?
    59
    60   MR. RAMPTON:  "Crew information form", the first page.  To the
 
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