One of the things I encounter regularly when preparing for a WRC hearing is my client sending me irrelevant, unhelpful information which they believe is evidence.
Often, if I was to introduce this so-called evidence it would damage my client’s case.
The distinguishing feature between a good legal professional when it comes to the presentation of a case in court or at the Workplace Relations Commission or Labour Court is the ability of the legal eagle to focus on the relevant issues and evidence.
The non-legal person is inclined to focus on stuff that is not relevant to the claims at hand.
For example, how unreliable the employee was in the workplace or how they were given to making inappropriate jokes or WhatsApp messages when the claim is for non payment of wages or breach of the Organisation of Working Time Act.
A key skill for a legal professional is the weighing up of the potential evidence and asking a simple question: will the introduction of this evidence hinder or help our client’s case?
It it hurts it is omitted, even if the client wants to get a dig at the employee.
It’s just business. My job is to persuade the decision maker.