Day 212 - 30 01 96 - Page 59

 
 

                                                                  DAY 212
 
                                             KIM MOFFATT, Cross-examined:
 
 
 
     1
     2   MR. JUSTICE BELL:  She has just said maybe she did not mention
     3        it.
     4
     5   MR. MORRIS (To the witness):  You said that you did not tell the
     6        Supervisor that you suspected that this practice happened
     7        quite a lot.
     8        A.  The practice of clocking in and out?
     9
    10   Q.   Yes?
    11        A.  I have said that people working past midnight and
    12        whatever leads on from there.  Once he has spoken to those
    13        people, you know, he can deal with but, as my capacity,
    14        I did not know for definite who was and who was not, so
    15        I could not tell him what I did not know.
    16
    17   MR. JUSTICE BELL:  I would invite you to concentrate on your
    18        particular strong points with particular witnesses.  I have
    19        made it pretty clear, I would have thought that
    20        Miss Moffatt, as Administrative Assistant, had done her
    21        duty saying, in effect, if her evidence is right, that she
    22        told the Area Supervisor under-18s were working beyond
    23        12.00, but did not say anything to him about changing the
    24        clock card files, because she did not know for sure that
    25        had happened and that, no doubt, she assumed he would get
    26        on with an investigation if he, the Area Supervisor,
    27        thought fit -- and you have Mr. Khazna coming.
    28
    29   MR. MORRIS:  Right, that is true, yes.  (To the witness):  Just
    30        one thing about the excess hours; you said that you checked
    31        them ---
    32        A.  Yes.
    33
    34   Q.   -- regularly and you would bring up to Managers if it was
    35        happening on a regular basis, yes?
    36        A.  Yes.
    37
    38   Q.   If on a regular basis 10 per cent or 15 per cent of your
    39        full-timers were working excess hours each week, if each
    40        week 10 or 15 per cent of your full-timers were working
    41        excess hours, would that concern you or would it be just
    42        only one or two were working excess hours?
    43        A.  Well, excess hours is a choice of the crew member.  So,
    44        if they choose to work extra hours, then we can only advise
    45        them not to.  But if they choose, you know, as a benefit
    46        for me that I can work extra excess hours, you know, so,
    47        yes, it would concern me and I would probably tell the
    48        Manager, but we did not do it in percentages, so  .....
    49
    50   Q.   You might be a special case, but you said that you would 
    51        expect the practice to be stopped if you saw somebody 
    52        regularly working excess hours, you would expect it to be 
    53        stopped.  So are you a special case in that you are doing a
    54        particularly different job?
    55        A.  Only if the person is a part-timer -- no, I did not --
    56        I do not think I meant to be stopped, no.
    57
    58   MR. JUSTICE BELL:  I understand what the point may be about
    59        working excess hours if you are full-time, that is hours
    60        over 39?
 
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