Day 213 - 31 01 96 - Page 7

 
 

                                                                  DAY 213
 
                                            PAUL LEMAIRE, Cross-examined:
 
 
 
     1
     2   MR. JUSTICE BELL:  How far way from the store -- did you live in
     3        the same place; have you lived there ever since you went
     4        there in 1993?
     5        A.  That is correct.
     6
     7   Q.   Where do you live?
     8        A.  10 minutes' walk from the store.
     9
    10   MR. MORRIS:  This does not record the breaks times which you
    11        would have had, does it?  These hours are not including
    12        break times, because they are not paid?
    13        A.  That is correct.
    14
    15   Q.   So, in fact, you were at work, if you worked 100 hours, you
    16        may have had something like 45 minutes times 12, or more
    17        than eight hours extra?
    18
    19   MR. JUSTICE BELL:  Let us ask, Mr. Morris.
    20        (To the witness): Did you normally work five or six days a
    21        week?
    22        A.  Five.
    23
    24   MR. MORRIS:  So, these would be based on five days a week ---
    25        A.  That is correct.
    26
    27   Q.   -- generally.
    28
    29   MR. JUSTICE BELL:  So, looking at the fortnights Mr. Morris took
    30        you to, you would be working something like five 10 hour
    31        shifts, plus the break time?
    32        A.  That is correct.  I did not always have a 45 minute
    33        break, though.  I had sometimes 15 minutes' break,
    34        20 minutes' breaks.  There was nothing for me to do, so
    35        I want to go back and get back on to the floor.
    36
    37   Q.   Fair enough.  Would you be there sort of 11 or 10 hours at
    38        a time?
    39        A.  10 or 11.
    40
    41   MR. MORRIS:  You were working 10 or 11 hour shifts with
    42        something like 15, 20 minutes' break?
    43        A.  That is right.  That would be my choice.
    44
    45   Q.   Did nobody ever ensure that you were getting your break
    46        entitlement, come up to you and say:  "No, you have got to
    47        have your break entitlement"?
    48        A.  Well, as long as I have clocked out for a break,
    49        Managers should have 45 minute breaks, but I wanted to have
    50        a shorter break, because there was nothing for me to do. 
    51        I have something to eat and come back out, because I have 
    52        got nothing to do. 
    53
    54   Q.   Did anybody ever try to ensure that you got your break
    55        entitlement?
    56        A.  Yes, they did.
    57
    58   Q.   They did?
    59        A.  They did, but I said, no, I did not need it.
    60
 
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