Dr. John S. Lindsay

The Union filed a grievance alleging the grievor was verbally assaulted by a manager, seeking $50,000 in general damages for emotional harm.

The Union intended to call the grievor's psychotherapist, who reported the incident triggered pre-existing PTSD.

The Employer brought a motion for production of the psychotherapist's clinical notes from 2003 and 2004.

The Union opposed, arguing the historical notes were irrelevant and highly personal.

The Grievance Settlement Board ordered production, finding the notes relevant due to the pre-existing condition and holding that the Employer's right to a fair hearing outweighed the grievor's privacy concerns, subject to strict confidentiality conditions.