Day 212 - 30 01 96 - Page 58

 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1        Handbook  ------
     2
     3   MR. JUSTICE BELL:  But it must in all common sense, and knowing
     4        just a little about employment law in this country,
     5        although I would be only too happy to accept it is just a
     6        little, it must have a discretionary element to it and it
     7        must be bound around by all the common and statutory laws
     8        about fair dismissal.
     9
    10   MR. MORRIS:  Right.
    11
    12   MR. JUSTICE BELL:  I would be very surprised if McDonald's ever
    13        took the stand that if you do that you will be dismissed as
    14        night follows day.
    15
    16   MR. MORRIS:  All I can say is that in the Crew Handbook 1992 in
    17        volume pink 11 at page 276 there is a list of examples of
    18        misconduct which may lead to disciplinary action being
    19        taken.
    20
    21   MR. JUSTICE BELL:  Yes.
    22
    23   MR. MORRIS:  On the next page, on 277, there are examples of
    24        gross misconduct resulting in dismissals:  "Gross
    25        misconduct which will lead to dismissal is defined as any
    26        act which is detrimental to the good conduct of the
    27        Company's business.  The following are examples of
    28        dishonesty and/or gross misconduct which will lead to
    29        summary dismissal", and it is not exhaustive, etcetera
    30        etcetera. "(B)  Falsifying any time card, including using a
    31        time card so as to record a time which has not been worked
    32        or using a time card for another employee".
    33
    34   MR. JUSTICE BELL:  There are two things about that.  Firstly,
    35        whatever it says in the Handbook, I would actually be
    36        surprised if any large employer always sacked everyone who
    37        did one of those things.  I do think they expend an
    38        extraordinary large amount of time being brought before
    39        industrial tribunals, if that was the attitude they took.
    40        But, secondly and most important, I very much doubt --
    41        again with all respect to Miss Moffatt -- that an
    42        Administrative Assistant is the right witness to help on
    43        what McDonald's should do in those circumstances.  Has not
    44        she done the right thing in telling the Area Supervisor and
    45        let him get on with it?  You are going to have an
    46        opportunity to question the Area Supervisor -----
    47
    48   MR. MORRIS:  Well, apparently, she did not tell anybody that she
    49        suspected it was going on quite a lot, this altering of the
    50         ...... 
    51 
    52   MR. JUSTICE BELL:  If that is part of your case, put it to her. 
    53        If you feel you have some ground for suggesting that she is
    54        not telling the truth when she says she spoke to the Area
    55        Supervisor, put it to her.
    56
    57   MS. STEEL:  No, that is what she said.
    58
    59   MR. MORRIS:  No, I am just saying what she said, whatever it
    60        was.
 
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