Day 212 - 30 01 96 - Page 45

 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1   MR. JUSTICE BELL:   Can I understand?  Mr. Morris has just put
     2        to you, people who clocked out at 12.39, adjusting them
     3        back to 11.39.  This is not what I understood was
     4        happening.  I thought they clocked out at 12 o'clock or
     5        just before, but then the adjustment was made so that their
     6        clocking-in time was taken back an hour.
     7        A.  That could happen, yes; that is what I understood it to
     8        mean.
     9
    10   Q.   So that the fact that they have clocked out at
    11        12 o'clock -- let us say they have worked on till one --
    12        the shift running Manager knows they have worked on for an
    13        hour after they have clocked out, so what he has to do is
    14        compensate them by ---
    15        A.  Clocking them in and out the next day.
    16
    17   Q.   -- altering the beginning of their shift, so they get the
    18        hour there?  What I understand Mr. Beech is saying is that,
    19        quite apart from that being against McDonald's principle,
    20        he is saying: "Well, that is all very well, but I get paid
    21        for an hour from three till four in the afternoon, which is
    22        standard rate, whereas if I got paid from 12 midnight to
    23        1 o'clock I would get premium rate" ---
    24        A.  If anything, I think -----
    25
    26   Q.   -- if they were still in force?
    27        A.  Yes.  I think, if anything, they probably got paid for
    28        an hour and a half rather than an hour, to compensate for
    29        it.
    30
    31   Q.   I see.
    32        A.  You know -- but, obviously, I did not see that
    33        firsthand.
    34
    35   Q.   But I have got it right, that the compensation was made at
    36        the beginning of the shift, not the end?
    37        A.  Yes.
    38
    39   MR. JUSTICE BELL:   You were not meaning to put anything
    40        different on instructions?
    41
    42   MR. MORRIS:  No.  I accept that that is what the witness is now
    43        saying.  I was just clarifying it, really.
    44
    45   MR. JUSTICE BELL:  Yes.
    46
    47   MR. MORRIS:  (To the witness)  You were the person in the store
    48        who was charged with checking people's paperwork, that
    49        everything was proper; yes?
    50        A.  Most of it, yes. 
    51 
    52   Q.   Did you investigate this practice that you suspected was 
    53        happening quite a lot?
    54        A.  Of clocking in and out late; is that what you are
    55        saying?
    56
    57   Q.   Yes, this altering of people's official times that they
    58        actually worked at the store?
    59        A.  No, no, I did not.
    60
 
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