Day 212 - 30 01 96 - Page 51

 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1
     2   Q.   -- break entitlement; there was not anything else to it?
     3        A.  No.
     4
     5   Q.   That was basically what you were checking for?
     6        A.  Yes, and if ------
     7
     8   Q.   There was not anything else that you were checking for?
     9        A.  Well, obviously, when they took their breaks, how
    10        long  ------
    11
    12   Q.   What did you check for on that?
    13        A.  How long is their shift; when did they get their break
    14        into their shift; what sort of times they were working
    15        between and when they got their break.
    16
    17   Q.   Can you just say, you had to mark down breaches of Company
    18        policy or whatever ---
    19        A.  Yes.
    20
    21   Q.   -- when you were checking it?
    22        A.  Yes
    23
    24   Q.   Whatever you were checking for, can you just tell us what
    25        were you looking out for?
    26        A.  What I just said.
    27
    28   Q.   Yes, but you said, for example, how long into the shift?
    29        A.  Yes.
    30
    31   Q.   You know, did you have an instruction that it had to be at
    32        least three hours into the shift or half an hour into the
    33        shift, or some kind of instruction like that?
    34        A.  I personally thought that, obviously, if they work over
    35        four hours and have not had a break then, you know, they
    36        should have had a break within that time, or up and around
    37        that time, but I was not -- I am not aware of any sort of
    38        policy apart from, you know, if they work over 11.30 to
    39        2.30 then they must have a direct break soon after because,
    40        obviously, it is the lunchtime.
    41
    42   MR. JUSTICE BELL:  Yes.  I think what Ms. Steel is asking you,
    43        you were not just checking what breaks they had in the
    44        sense that how long they were?
    45        A.  That is what I was meant to check but, obviously, you
    46        look into other things
    47
    48   Q.   You said something which made me think anyway that you were
    49        also checking the note I made when they got their breaks in
    50        their shifts, that is ----- 
    51        A.  How far into them and how long they had been working? 
    52 
    53   Q.   Yes.  I think you are being asked whether there was some
    54        McDonald's guidance as to that or whether it was just your
    55        own view of things and, in any event, what you were looking
    56        for really; can you help on that?
    57        A.  Yes, I was just checking.  What I have just said -- so
    58        what I said as in checking them, how long they worked into
    59         -- no, I did not go by any guidelines.  I went by, if they
    60        worked for four hours, then I would make sure, obviously,
 
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