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Tribunal orders disclosure of internal HR email, rejecting respondent's claim of litigation privilege.
The applicant, who was dismissed from his employment after advising he would be absent for medical reasons, brought a request for an order requiring the respondent to produce an internal HR email.
The respondent claimed the email was protected by litigation privilege because it was created on the day of the applicant's dismissal.
The Tribunal found that the respondent failed to establish the email was created for the dominant purpose of litigation and ordered its disclosure.
