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Conducting Employment and Labour Law Research There are four main elements required in conducting effective research. Knowing what you are looking for, knowing how to look for it, knowing where to look for it and finally knowing what to do with the research information once you have found it. What to Look For Before proceeding with any research project in Labour and Employment law it is essential to identify the key issues or questions of the case. This can only be accomplished by a careful gathering of the facts and circumstances which precipitated the situation. A clear understanding of the who, what, where, how and when is a prerequisite for focused research. How to Look For It Good research is based on establishing a sound
methodology. Preparation for researching a case starts by identifying three
or four key words or phrases. When conducting our research we normally
begin by referring to the appropriate authority on the subject. This provides
an overview of the general principles to be applied and often cross-references
to important case law. Although there is no substitute for experience when
searching case law data bases formal training in search techniques is a
must to avoid drowning in a sea of information. Keeping a log helps to
ensure the research remains focused and is the lifeline back from the inevitable
dead ends that will be encountered.
Where to Look The best place to start any research project on
Labour or Employment Law is to read the appropriate authority on the subject. Click
here for a list of texts that we
use in our research. Once you have been able to formulate the key issues
it is time to start searching for relevant case law or government statutes.
With the advent of the internet many government statutes can be found at
government web pages. Certain case law can also be researched in a somewhat
limited manner. Case law data bases can be purchased from a number of publishers
such as Canada Law Book. However, the most effective, comprehensive and
up to date searches are conducted by using commercial on-line data bases
such as Quicklaw or Lexus-Nexus. By utilizing the above resources the range
of research that can be conducted on Labour and Employment case law is
quite impressive. Click here for a list
of some of the data bases the we use in our research.
What to do With It In conducting your research you may come across a number of case decisions that seem to be relevant to the issue at hand. Some of these may be quite lengthy and it is extremely time consuming reading every page to try and find the real meat of the matter. Conducting key word searches will often help in exposing the more informative sections of the case. Most decisions are filled with numerous pages of evidence specific to that particular case. Going to the back of the document and reading the actual decision first will give you a good sense if the case holds any relevance to your research. If you feel it does then you can read the whole case to determine what facts may distinguish it. Highlight and pick out key paragraphs which strike you as being of special importance. Copy these sections to a summary sheet remembering to note which case they were extracted from. Both the process and result of your research should enable you to develop your arguments. These should be written crossed referenced to the key paragraphs you have extracted from your research. |
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Communications
Workers of America, Local 30248
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