The union sought production of an investigator's report and related documents in a grievance proceeding.
The employer argued the documents were protected by litigation privilege as they were prepared in anticipation of litigation.
The Grievance Settlement Board applied the dominant purpose test and found the investigation was initiated to determine the basis of allegations against the grievor, not primarily for litigation.
Furthermore, any privilege was waived by the employer's partial disclosure of the report.
The Board ordered production of documents arguably relevant to the specific grievance, but denied requests for documents relating to other ministries or similar cases.
