The plaintiff in a wrongful dismissal action sought to examine for discovery the co-worker whose sexual harassment complaint led to his termination.
The defendant hospital moved under Rule 31.03(2) to substitute a human resources manager as its discovery representative, or alternatively, for the examination to proceed by written questions.
The court dismissed the motion, finding the co-worker had direct knowledge of the critical issue of whether the harassment occurred, and the defendant failed to show that examining the co-worker would be oppressive or that the plaintiff's choice should be displaced.
