Common Law for HR Practitioners #2: Introduction to Case Law
Dr. Tahirah Manesah Abu Bakar
HR & IR consultant, subject-matter specialist in the Doctrine of Constructive Dismissal, and creator of the sub-doctrine of The Brick Wall.
First and foremost, let me establish the ground rule here: when I say that HR practitioners have to read case law I do not mean extracts, excerpts, simplified versions or secondary sources of such case law but the actual judgement text in its journal publication form.
If you are new to reading court judgement texts or you find the mere concept it totally alien to you, you may find my visual explanations below helpful. Please note that the visuals are mutually-exclusive of one another (i.e. they are not inter-related from the same case). The idea is to walk you through the glossary of terms used and the format of reporting the case.
Visual 1: Terms used in the header of the judgement text
Visual 2: Authorities referred to and names of counsel for the parties
Visual 3: Gist (summary) of case and decision
Visual 4: Keywords denoting important issues in the case and the judge's commentary
Visual 5: More keywords/issues
Visual 6: Some sarcasm (I love these gems!)
Visual 7: Details of compensation awarded
Got the hang of it? Great! In the next part we will talk about how you can make simple case notes from these judgments so that you can easily remember its salient points and apply them later.
? Tahirah Manesah Abu Bakar 2019
Safety, Health, Environmental & Quality Manager at Kinetics Process Systems Pte Ltd
5 年Thanks for the sharing.?