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BENEFITS OF RESEARCH
Traditionally extensive research of Employment
and Labour Law is only conducted when a case is being prepared for Arbitration,
a Tribunal or Board hearing, or presented in the courts. Often it is only
at this time that the true strength and weakness of the case are realized.
Unfortunately this can result in misinformation or unrealistic expectations,
a lack of preparedness and possibly missed opportunities for settlement,
prior to embarking on these costly processes. Conducting early research,
or when an issue first comes to light, addresses many of these problems.
The following four points illustrate the benefits
of research.
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Early assessment of the strengths and weakness of
a potential grievance or complaint. The wording of a grievance or complaint
can have a significant impact on the final outcome. Using the information
obtained from research provides a solid basis from which to craft the grievance
or complaint in a manner that focuses on the strengths of the case.
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Providing research material such as examples of case
law to the grievor or complainant helps to establish realistic expectations
from the beginning. Decisions on how or if to proceed can be founded on
a knowledgeable assessment of the facts rather than a purely emotional
argument. In cases where a decision not to proceed has been made the likely
hood of a "failure to represent" charge is diminished.
- Effective representation of a grievance or complaint
at settlement meetings can only be accomplished with well prepared arguments
which have been formulated through the research process. Proper research
will not only help focus on the strengths of the case but will also enable
anticipation and preparation for contrary arguments. Sharing of research
information can sometimes provide a strong impetus for settlement although
it is suggested this only be done with cases that establish clear
principles of law.
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Enhances communication between grievor or complainant,
representative and legal counsel should grievance or complaint need to
proceed to arbitration or hearing. Having already conducted research means
being better able to provide instructions to legal counsel. In some instances
there may be little need for further substantial research and the arguments
used during settlement discussions will only require fine tuning. This
can result in significant savings in legal fees.
Other benefits of research
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Used as a tool to assess collective agreement language
and prepare proposals for collective bargaining.
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As a resource to provide ongoing education regarding
new developments in labour and employment law.
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