Getting ready for an examination for discovery? The Law Society of Upper Canada (LSUC) lists eight easy steps to do just that, not the least of which is Step Seven: Prepare a list of discovery questions. But what exactly should these questions be?
The list is as numerous and varied as examinees and actions themselves. While it may not be clear if vocational aspects will arise in a file as early as discoveries, certain information about a person’s work history could become relevant and asking questions to uncover this information could be of great value to your file – no matter what side you are working on. Here are some ideas about the kinds of questions that can get to the relevant facts in anticipation of vocational issues arising on a file.
✓ Work History. Do they have a steady or an irregular work history? Are there gaps, demotions or job-hops? Have they moved from one industry to the next or from one job to the next, or do they have a fairly steady work record made up of lateral moves and progressions? If the work history is varied, why is this?
✓ Job Descriptions of current or most recent positions. What was required of them specific to that place of employment? In particular, what “other job duties as required” were they responsible for that may not have been included in the job’s official description?
✓ Past Leaves of Absence. What was the reason for any medical or other leaves of absence? How long were the leaves? Did they have a successful return to work following each leave? Why or why not?
✓ Other Income Sources. Have there been any other sources of income besides the primary occupation? For example, have there been income properties, consulting roles, or weekend / evening part-time jobs?
All of these things can help give us, as the vocational consultants, a better picture of the person we will be working with. Past performance can be the best indicator of future behaviour!
If you or a colleague is handling a case needing vocational expertise,
be sure to contact Spencer Experts to find out how we can help.
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