Day 212 - 30 01 96 - Page 57

 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1        it was put on the next day as an hour earlier, what would
     2        be the appropriate action?
     3        A.  I am not sure.  You would have to be a Supervisor to
     4        answer that, I think, because I have never been at that
     5        level so I would not really know.
     6
     7   Q.   No, but you are in charge of orientation and explaining the
     8        Crew Handbook, so you, obviously, know the disciplinary
     9        procedures, yes?
    10        A.  Yes.
    11
    12   Q.   What is the appropriate action for ------
    13
    14   MR. JUSTICE BELL:  I must say, I found her last answer a
    15        perfectly sensible one.  It is a question of disciplining
    16        people who are senior to her, and she has said she would
    17        have thought that was something for the people senior to
    18        them, like Mr. Khazna, the Supervisor.
    19
    20   MR. MORRIS:  Are you aware that it specifies it is an of gross
    21        misconduct ---
    22        A.  In the Crew Handbook, yes.
    23
    24   Q.   -- leading to dismissal for falsifying the hours that
    25        somebody worked at the store?
    26        A.  In the Crew Handbook.
    27
    28   Q.   You are aware of that?
    29        A.  Yes.
    30
    31   Q.   So that would be the appropriate action, would it not?
    32
    33   MR. JUSTICE BELL:  No, does it say that?
    34
    35   MR. MORRIS:  Yes, it does.
    36
    37   THE WITNESS:  Yes.
    38
    39   MR. JUSTICE BELL:  Does it say "gross misconduct leading to
    40        dismissal", because my recollection is that it had one or
    41        two extra words which might be vital.
    42
    43   MR. MORRIS:  It is in the Crew Handbook.  It says here:
    44         "Examples of gross misconduct resulting in dismissals",
    45        and "B" is "falsifying time cards".
    46
    47   MR. JUSTICE BELL:  Yes, but are you suggesting that it actually
    48        does lead to it or that it may do, because there may be a
    49        distinction -----
    50 
    51   MR. MORRIS:  It says:  "The following are examples of dishonesty 
    52        and/or gross misconduct which will lead to summary 
    53        dismissal".
    54
    55   THE WITNESS:  Is it not subject to investigation or?
    56
    57   MR. JUSTICE BELL:  I hope it is or McDonald's would spend all
    58        its time before the Industrial Tribunal.
    59
    60   MR. MORRIS:  Yes, the previous list, it is in the 1992
 
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